Child Custody Laws in Pakistan

 In    Child Custody Laws in Pakistan    whether during divorce or separation, the most important guiding principle in Pakistani family law is the "best interest of the child." But a key question arises: Who decides what exactly constitutes a child’s best interest? Is it the parents, the court, or some other authority? In Pakistan, it is ultimately the Guardian Court —a specialized branch of the Family Court—that has the legal authority to determine what is in the best interest of the child. However, the court’s decision is based on a combination of legal provisions, factual circumstances, expert input, and sometimes even the child’s own opinion. Legal Framework The primary law governing child custody in Pakistan is the Guardian and Wards Act, 1890 . Under this law, the court is empowered to appoint a guardian for the person or property of a minor. While making this decision, Section 17 of the Act directs the court to prioritize the "welfare of the minor"...

In  Child Custody Laws in Pakistan  and visitation rights are governed primarily by personal laws derived from religious doctrines, such as Islamic law for Muslims, as well as relevant statutory provisions including the Guardian and Wards Act of 1890 . Visitation rights and parental access are key aspects of child custody, especially in cases of divorce or separation. While the primary concern of the law is always the welfare of the minor child, balancing parental rights—particularly the non-custodial parent's access to the child—is a complex legal and emotional matter. This essay explores how visitation rights are handled under Pakistani family law, including legal procedures, factors influencing court decisions, and challenges in implementation. Legal Framework Governing Child Custody and Visitation The Guardian and Wards Act, 1890 is the principal statute that governs custody matters in Pakistan. According to this law, the court has the authority to appoint a guardian and ...