As per Lawkidunya, In Pakistan, the child custody laws for mothers are primarily governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key points:
Guardians and Wards Act 1890
1. Custody of Minors: The Act states that the mother is entitled to the custody of her minor children until they reach the age of seven for boys and puberty for girls.
2. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
3. Right to Custody: The mother has a preferential right to custody of her minor children, but the court can override this right if it is deemed not to be in the best interests of the child.
Muslim Family Laws Ordinance 1961
1. Custody of Children: The Ordinance states that the mother is entitled to the custody of her children until they reach the age of seven for boys and puberty for girls.
2. Right to Hizanat: The mother has the right to Hizanat (custody) of her children, but the father has the right to custody after the mother’s term ends.
3. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
Key Factors in Determining Custody
1. Financial Stability: The court assesses the financial stability of both parents to determine who can provide better financial support for the child.
2. Parent-Child Relationship: The quality of the relationship between each parent and the child is evaluated.
3. Child’s Wishes: If the child is old enough, their wishes are taken into consideration.
4. Parental Fitness: The court assesses the physical, emotional, and mental fitness of both parents.
Recent Amendments and Developments
1. Amendments to the Guardians and Wards Act 1890: The Act has undergone several amendments, including the introduction of the concept of “joint custody” and the expansion of the definition of “guardian” to include grandparents and other relatives.
2. Establishment of Family Courts: The Family Courts Act 1964 established family courts to deal with family disputes, including child custody cases.
Important Laws and Regulations
1. Guardians and Wards Act 1890: The primary legislation governing child custody in Pakistan.
2. Muslim Family Laws Ordinance 1961: Provides guidelines for child custody and guardianship in Pakistan.
3. Family Courts Act 1964: Establishes family courts to deal with family disputes, including child custody cases.