As per Lawkidunya, The child custody procedure in Pakistan involves several steps, which are outlined below:
Pre-Filing
1. Counseling: Parties may opt for counseling to resolve disputes amicably.
2. Mediation: Mediation can be used to reach a mutually acceptable agreement.
3. Legal Consultation: Parties should consult with a lawyer specializing in family law.
Filing a Petition
1. Family Court: A petition is filed in the Family Court, which has jurisdiction over child custody matters.
2. Petition Contents: The petition should include personal details, circumstances leading to the dispute, reasons for seeking custody, and proposals for the child’s care.
3. Supporting Documents: Attach relevant documents, such as birth certificates, marriage certificates, and divorce or separation documents.
Court Proceedings
1. Initial Hearing: The court sets a date for the initial hearing.
2. Interim Orders: The court may pass interim orders, such as temporary custody arrangements.
3. Evidence Presentation: Parties present evidence, including witness testimony and documents.
4. Cross-Examination: Parties may cross-examine each other’s witnesses.
5. Final Arguments: Parties present final arguments, summarizing their case.
Court Decision
1. Custody Determination: The court determines custody based on the child’s best interests.
2. Custody Types: The court may award sole, joint, or shared custody.
3. Visitation Rights: The court may grant visitation rights to the non-custodial parent.
Post-Decision
1. Appeal: Parties may appeal the decision to a higher court.
2. Compliance: Parties must comply with the court’s decision.
3. Variation of Orders: Parties may apply for variation of orders if circumstances change.
Key Considerations
1. Child’s Best Interests: The court prioritizes the child’s physical, emotional, and psychological well-being.
2. Parental Capacity: The court assesses each parent’s ability to provide a stable and nurturing environment.
3. Parental Cooperation: The court encourages parental cooperation and mutual respect.