Full Child Custody in Pakistan
At M.A Law Associate, we provide expert legal guidance for parents seeking full custody of their children in Pakistan. Our team helps navigate the complex legal framework to ensure that your child’s welfare is prioritized under the law.
Relevant Laws for Child Custody in Pakistan
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Guardians and Wards Act 1890
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Child Marriage Restraint Act 1929
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Muslim Family Law Ordinance 1961
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West Pakistan Muslim Personal Law 1962
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West Pakistan Family Courts Act 1964
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Law of Evidence (Qanun-e-Shahadat) Order 1984
Jurisdiction
Applications for guardianship or full custody must be made to the District Court having jurisdiction in the place where the minor ordinarily resides. If the application concerns property, it may be filed either in the minor’s residence or where the property is located.
Who May Be a Guardian?
A father is considered the natural guardian of a child under 18 years under the GWA. A mother is the next possible guardian after the father, except when another guardian is appointed by will. Other relatives, friends, or institutions may also be appointed by the court, based on their character, capacity, and fitness.
Court Proceedings
To become a guardian, an interested person must file an application with the court under the GWA. Notice of the application is given to those with an interest in the minor. The court exercises parental jurisdiction, and may grant temporary custody and protection of the minor’s person and property during proceedings.
While appointing a guardian, the court considers:
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Age, sex, and religion of the child
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Character and capacity of the proposed guardian
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Wishes of deceased parents, if any
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Past or existing relations of the guardian with the child or property
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Preferences of the child if mature enough
Effects of Being Appointed a Guardian
A court-appointed guardian must provide support, housing, clothing, education, and general welfare for the minor. Guardians may receive an allowance from the minor’s property to help cover these responsibilities.
Guardians cannot remove the child from the court’s jurisdiction without permission. Illegal removal may result in a fine up to Rs. 1,000 or imprisonment up to six months.
Cessation of Guardianship
A guardian may be removed or discharged for:
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Abuse of trust or neglect of duties
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Incapacity or adverse interests
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Criminal conviction or character defects
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Bankruptcy or relocation outside court jurisdiction
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Death or cessation of the ward being a minor
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Marriage of a female ward whose husband is fit to act as guardian
Child Custody Agreements
A comprehensive child custody agreement is critical following divorce. Key elements include:
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Residency provisions and restrictions on geographic moves
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Access periods for each parent, holidays, and special occasions
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Decision-making regarding education, health, and religion
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Financial responsibilities, including child support obligations
At M.A Law Associate, we ensure that agreements reflect the evolving needs of the child as they grow. Many agreements fail by focusing on the parents’ needs rather than the children’s, but our team prioritizes the child’s best interests.
Contact M.A Law Associate
For legal assistance in applying for full child custody or drafting child custody agreements, contact M.A Law Associate:
📞 0315-2345162
WhatsApp available 24/7