As per Lawkidunya, In Pakistan, temporary custody refers to the temporary care and control of a minor child or property by a person or institution, pending a final decision by a court. Here are the rights and responsibilities of temporary custody in Pakistan:
Rights of Temporary Custody
1. Care and Control: The temporary custodian has the right to care for and control the minor child or property.
2. Decision-Making Authority: The temporary custodian has the authority to make decisions regarding the minor child’s or property’s welfare, education, and health.
3. Access to Information: The temporary custodian has the right to access information about the minor child’s or property’s well-being, education, and health.
4. Protection: The temporary custodian has the right to protect the minor child or property from harm or danger.
Responsibilities of Temporary Custody
1. Provide Basic Needs: The temporary custodian is responsible for providing the minor child’s basic needs, such as food, shelter, clothing, and education.
2. Ensure Safety and Well-being: The temporary custodian is responsible for ensuring the minor child’s or property’s safety and well-being.
3. Maintain Records: The temporary custodian is responsible for maintaining records of the minor child’s or property’s care, including medical records, educational records, and financial records.
4. Comply with Court Orders: The temporary custodian is responsible for complying with court orders and decisions regarding the minor child’s or property’s care and custody.
5. Accountability: The temporary custodian is accountable to the court and must provide regular reports and updates on the minor child’s or property’s care and well-being.
Laws Governing Temporary Custody in Pakistan
1. Guardians and Wards Act, 1890: This law governs the appointment of guardians and the care and custody of minor children.
2. Family Courts Act, 1964: This law governs family disputes, including custody and guardianship of minor children.
3. Pakistan Penal Code, 1860: This law governs criminal offenses related to child custody and welfare.
Conclusion
Temporary custody is a critical aspect of family law in Pakistan, ensuring the care and well-being of minor children or property pending a final court decision. Understanding the rights and responsibilities of temporary custody is essential for ensuring the best interests of the child or property.