As per Lawkidunya, In Pakistan, the following factors are considered when determining temporary custody:
Child-Related Factors For Temporary Custody in Pakistan
1. Best interests of the child: The court’s primary consideration is the child’s welfare and best interests.
2. Age and needs: The child’s age, needs, and any special requirements are taken into account.
3. Child’s wishes: If the child is old enough, their wishes are considered.
Parent-Related Factors For Temporary Custody in Pakistan
1. Parental fitness: The physical, emotional, and mental fitness of both parents are assessed.
2. Parent-child relationship: The quality of the relationship between each parent and the child is evaluated.
3. Parental responsibility: The court considers which parent is more likely to provide a stable and supportive environment.
Environmental Factors For Temporary Custody in Pakistan
1. Safety and security: The court considers the safety and security of the child in each parent’s home.
2. Stability and continuity: The court evaluates which parent can provide a more stable and continuous environment.
3. Access to education and healthcare: The court considers which parent can provide better access to education and healthcare.
Other Factors For Temporary Custody in Pakistan
1. Financial stability: The financial stability of both parents is considered.
2. Geographic location: The court may consider the geographic location of each parent’s home and its impact on the child.
3. Temporary arrangements: The court may consider temporary arrangements, such as shared custody or third-party custody.
Islamic Principles For Temporary Custody in Pakistan
1. Islamic law: Pakistani courts may consider Islamic law principles, such as the concept of “hizanat” (custody), when determining temporary custody.
2. Mother’s rights: Islamic law grants mothers preferential rights to custody of young children.
These factors are considered by Pakistani courts when determining temporary custody, with the ultimate goal of ensuring the child’s welfare and best interests.
