Dastur Legal House legal guide
Child custody law in Pakistan gives the Family Court wide discretion, with the child’s welfare as the central concern.
When parents separate, custody is often the hardest issue to resolve. Pakistani courts combine Islamic personal law with the Guardians and Wards Act, 1890, and the child’s welfare remains the central question.
Under traditional Muslim law, the father is generally the natural guardian, while the mother has a preferential right of custody over young children.
Under the commonly applied Hanafi rule, a mother’s right of hizanat lasts until a boy reaches seven and a girl reaches puberty. These rules are important starting points, but they do not override the child’s welfare.
Sections 17 and 25 of the Guardians and Wards Act direct the court to the welfare of the minor. The court may consider:
Custody and guardianship claims are heard by the Family Court. A parent usually files a petition under the Guardians and Wards Act and supports it with documents about the child’s life. The court can also pass interim orders while the case is pending.
The non-custodial parent can ask for a meeting schedule. Courts generally try to keep the child connected with both parents, unless this would harm the child.
A father’s duty to maintain his children continues after divorce. The Family Court can decide maintenance, including increases over time.
If a child has been taken away or contact has stopped suddenly, a parent may ask the Family Court for interim custody or a temporary meeting schedule. In some urgent cases, a High Court may also be approached through a habeas corpus petition, though custody questions are usually decided by the Family Court.
Custody decisions turn on everyday facts, so practical proof matters:
Avoid using children as messengers, and avoid making statements about the other parent in front of them. Courts can notice how each parent behaves.
If one parent fears that a child may be taken abroad, or a child needs to travel, legal advice should be taken early. An existing court order may restrict travel, and a guardian’s permission may be needed for some steps.
Custody orders can sometimes be revisited if circumstances change significantly, such as a move, remarriage, neglect or a change in the child’s needs. Because the child’s welfare remains the test, a parent must show why a change would help the child.
Child custody law in Pakistan protects the child’s welfare above the wishes of either parent. Under child custody law in Pakistan, keep good records, comply with court orders and get advice before making any major change to your child’s living arrangements.
Our child custody lawyers can review your situation.
Official source: Supreme Court of Pakistan
No rule is absolute. A mother has a recognised right of hizanat for young children, but the court decides according to the child's welfare.
Remarriage can be an important factor, but courts look at the child's welfare in the circumstances of the case.
If the child is old enough to form an intelligent preference, section 17 of the Guardians and Wards Act allows the court to consider it.
This guide is general information about Pakistani law and is not legal advice. Laws and procedures change, so confirm the current position for your case with an advocate. See our disclaimer.
