As per Lawkidunya, In Pakistan, sole child custody rights are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key points:
Sole Custody Rights in Pakistan
1. Definition: Sole custody refers to a situation where one parent has exclusive physical and legal custody of the child.
2. Grounds for Sole Custody: Pakistani courts may grant sole custody to one parent if it is deemed in the best interests of the child, considering factors like the child’s age, sex, and physical and emotional needs.
Factors Influencing Sole Custody Decisions
1. Parental Fitness: The court assesses the physical, emotional, and mental fitness of both parents to determine who is better suited to have sole custody.
2. Child’s Wishes: If the child is old enough, their wishes are taken into consideration.
3. Financial Stability: The court evaluates the financial stability of both parents to determine who can provide better financial support for the child.
4. Parent-Child Relationship: The quality of the relationship between each parent and the child is evaluated.
Sole Custody Rights of Mothers in Pakistan
1. Preferential Right: Under the Muslim Family Laws Ordinance 1961, the mother has a preferential right to custody of her minor children until they reach the age of seven for boys and puberty for girls.
2. Exceptions: However, the court may override this right if it is deemed not to be in the best interests of the child.
Sole Custody Rights of Fathers in Pakistan
1. Rights After Mother’s Term: Under the Muslim Family Laws Ordinance 1961, the father has the right to custody of his children after the mother’s term ends.
2. Court Discretion: However, the court has the discretion to grant sole custody to either parent based on the child’s best interests.
Recent Developments and Reforms in Sole Custody Rights
1. Amendments to the Guardians and Wards Act 1890: There have been proposals to reform the Act, providing clearer guidelines on sole custody and prioritizing the child’s welfare.
2. Establishment of Family Courts: The Family Courts Act 1964 established family courts to deal with family disputes, including child custody cases.
