The child custody in Pakistan is regulated under the Guardian and Wards Act, 1890 and Family Courts Act, 1964 to resolve the critical issues of child custody after the separation of spouses. The primary consideration of Guardian Courts to grant the custody of child/minor is welfare of Child/ minor. The entire Guardian and Wards Act, 1890 is based on the welfare of the child/ minor.There are three parties in the child custody proceedings i.e. Custodial Parent, Non Custodial parent and the Minor.
The prime consideration of Guardian and Wards Act, 1890 is to decide the reasonable schedule is the Welfare of the Child. The Guardian Judge is supposed to act/ think as a parent in order to pass decision.
The mother holds a superior right to custody of child over the father. However, if the mother engages in a second marriage and the child/ minor is girl, the preference shall be given to the father. However, the welfare of child remains the paramount consideration before a guardian judge to decide the custody of child/ minor.
The meeting with the child/minor is a fundamental right of a mother and father, the guardian court arranges the meeting for both the parents.
Hyder Shar Law Associates is able to assist you to file cases related to child custody as a Custodial Parent and Non Custodial parent to protect your interests. We are further able to help you with other Family Matters.
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