Child Custody and Guardianship Lawyers - Our Services in Pakistani Courts

This is a very usual question that most people ask & they want to know how can they obtain a divorce legally according to the law of Pakistan. There is a difference between the proceedings of divorce for husband & wife. Therefore We have divided both proceedings according to the person who wants to obtain a divorce.

In Pakistani law, child custody refers to the legal responsibility for the care and upbringing of a child, while guardianship refers to the legal authority to make decisions on behalf of a child.

Child custody can be awarded to one or both parents, or to a third party, such as a grandparent or other relative. The parent or party with custody is responsible for the child’s physical care, including providing a home, clothing, and food. They also have the right to make decisions about the child’s education, healthcare, and other matters related to the child’s welfare.

Guardianship, on the other hand, refers to the legal authority to make decisions on behalf of a child. This can include decisions about the child’s education, healthcare, and financial matters. A guardian may be appointed by a court or named in a will or other legal document.

In Pakistani law, the rights and responsibilities of parents and guardians are governed by the Guardians and Wards Act, 1890. This Act sets out the legal framework for the appointment of guardians and the rights and duties of guardians, including their responsibility to act in the best interests of the child.

It is important to note that child custody and guardianship are two separate legal concepts, and they can be held by different parties. For example, a parent may have custody of a child while a guardian is appointed to make decisions on behalf of the child.

What are important points to consider in Child Custody Cases in Pakistan?

There are several important points to consider in child custody cases in Pakistan. Here are a few:

The welfare and best interests of the child
The court will always prioritize the welfare and best interests of the child when determining custody. This may include factors such as the child’s age, gender, physical and emotional needs, and any special medical or educational requirements.
The relationship between the child and each parent
The court will consider the child’s relationship with each parent and which parent is more likely to provide a nurturing and supportive environment for the child.
The ability of each parent to care for the child
The court will consider the physical and financial ability of each parent to care for the child, including their employment status, housing situation, and overall financial stability.
The wishes of the child
If the child is old enough, the court may consider their wishes regarding custody. However, the child’s wishes are not the only factor that the court will consider and may not necessarily determine the outcome of the custody case.
Domestic violence
If there is a history of domestic violence or abuse, the court may consider this as a factor in determining custody. The safety and well-being of the child will be of paramount concern in these cases.

Who can be the Guardian of a Child according to Pakistani Laws & When Guardian Courts Grant Custody Rights to a person?

Child guardianship cases in Pakistan are similar to child custody cases in that the welfare and best interests of the child are the primary consideration. Here are a few additional points to consider:

The relationship between the child and the proposed guardian: The court will consider the child’s relationship with the proposed guardian and whether they are able to provide a nurturing and supportive environment for the child.
The ability of the proposed guardian to care for the child/Minor/person: The court will consider the physical and financial ability of the proposed guardian to care for the child, including their employment status, housing situation, and overall financial stability.
The wishes of the child: If the child is old enough, the court may consider their wishes regarding guardianship. However, the child’s wishes are not the only factor that the court will consider and may not necessarily determine the outcome of the guardianship case.
The relationship between the child and their parents: The court will consider the child’s relationship with their parents and whether they are able to provide care and support for the child.
Domestic violence: If there is a history of domestic violence or abuse, the court may consider this as a factor in determining guardianship. The safety and well-being of the child will be of paramount concern in these cases.