As per Lawkidunya, In Pakistan, the duration of temporary custody is governed by the Guardians and Wards Act 1890 and the Family Courts Act 1964. Here are some key points:
Duration of Temporary Custody
General Principles
1. Temporary custody is typically granted for a limited period: The court may grant temporary custody for a specific period, which can vary depending on the circumstances of the case.
2. Duration of temporary custody can vary: The duration of temporary custody can range from a few days to several months or even years, depending on the complexity of the case and the court’s discretion.
Specific Timeframes
1. Ex parte orders: Ex parte orders, which are temporary orders made without hearing the other party, are typically granted for a short period, usually not exceeding 30 days.
2. Interim custody: Interim custody orders, which are temporary orders made pending the final decision, can last for several months or even years, depending on the complexity of the case.
3. Temporary custody during trial: Temporary custody orders granted during the trial can last until the final decision is made, which can take several months or even years.
Extension or Modification of Temporary Custody
1. Extension of temporary custody: The court may extend the duration of temporary custody if circumstances warrant it.
2. Modification of temporary custody: The court may modify the terms and conditions of temporary custody if circumstances change or if the child’s welfare requires it.
Key Cases and Precedents
1. PLD 1957 Lahore 551: The Lahore High Court held that temporary custody orders can be granted for a limited period, pending the final decision.
2. PLD 1974 SC 574: The Supreme Court of Pakistan held that temporary custody orders must be made with the child’s welfare and best interests in mind, and can be modified or revoked if circumstances change.
These principles and timeframes provide guidance on the duration of temporary custody in Pakistan, emphasizing the importance of prioritizing the child’s welfare and best interests.
