Custody disputes are decided under the Guardians and Wards Act 1890, read with personal law. The governing principle is short to state and difficult to apply: the welfare of the minor is paramount.
Parents frequently arrive believing custody turns on entitlement. It does not. It turns on what the court concludes is best for the child.
Custody and guardianship are different things
Custody, hizanat, concerns who the child physically lives with. Guardianship concerns who makes decisions about the child’s person and property. One parent may have custody while the other remains guardian, and confusing the two leads people to fight for the wrong thing.
What welfare means in practice
Courts weigh a range of factors rather than applying a formula:
- The age and sex of the child, and the stage of development
- The child’s own preference, where old enough to express one meaningfully
- The character and circumstances of each parent
- Continuity of schooling, environment and care
- The financial capacity to provide for the child, though this rarely decides it alone
- Any history of neglect, violence or instability
Visitation
Where one parent has custody, the other is ordinarily entitled to access. Courts can fix a schedule, including the venue and frequency. Interim arrangements are common while the main matter proceeds.
Where the case is heard
These matters go before the Family Court with jurisdiction over the place where the minor ordinarily resides. Proceedings are intended to be quicker than ordinary civil litigation.
Removing a child from the jurisdiction
Taking a child abroad, or moving them without the other parent’s consent while proceedings are pending, is treated seriously. If you are concerned about that risk, raise it immediately rather than waiting.
What to do next
Bring the nikahnama or marriage documents, the child’s birth registration and CNIC records, evidence of schooling and residence, and a clear account of the present arrangement.