As per Lawkidunya, Recent developments and reforms in sole custody rights in Pakistan have been shaped by the need to prioritize the welfare and best interests of the child. The Guardians and Wards Act 1890, which governs child custody disputes, has been criticized for its deficiencies and inconsistencies.

Key Reforms and Developments

– Welfare of the Child: The courts have emphasized the importance of considering the child’s welfare and best interests in custody disputes. This approach has led to deviations from traditional Islamic law principles, which prioritize the rights of parents over the child’s welfare.

– Remarriage and Custody: Pakistani courts have reevaluated the rule of forfeiture of the mother’s right to custody upon remarriage. While this rule is still applied in some cases, courts now consider the child’s welfare and emotional attachment to the mother, even if she has remarried.

– Financial Stability and Education: The financial stability and education of the parents are now considered important factors in determining custody. Courts prioritize the parent who can provide a more stable and supportive environment for the child.

– Custody and Guardianship: The distinction between custody and guardianship has been clarified, with custody referring to the day-to-day care of the child and guardianship referring to the management of the child’s property and legal affairs.

These reforms and developments reflect a shift towards prioritizing the child’s welfare and best interests in custody disputes, rather than solely relying on traditional Islamic law principles or the rights of parents.