Child Custody:

Our child custody service provides dedicated legal support to secure the best interests of your child. We offer expert advice and representation, ensuring a fair and compassionate resolution for both parents and children.



Key Steps to Prepare for Full Child Custody in Pakistan:

Guardians and Wards Act, 1890:

The Guardians and Wards Act, 1890 (GWA) outlines the legal framework for appointing guardians for minors and managing related matters. It addresses key areas such as jurisdiction, eligibility to be a guardian, court procedures, responsibilities of guardians, and the cessation of guardianship.

Jurisdiction:

Applications under the GWA for appointing or declaring a guardian must be filed in the district court with jurisdiction where the minor resides. For property guardianship cases, the application can be filed either in the court where the minor resides or where their property is located.

Who Can Be a Guardian?

Guardianship can be granted to parents, relatives, or other eligible individuals deemed fit by the court. Fathers are considered natural guardians of children under 18, but mothers or others may be appointed guardians in specific circumstances. The court evaluates the proposed guardian’s character, capability, and relationship with the minor.
The GWA supersedes Sharia law in matters of guardianship as per the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962.

Court Proceedings

Anyone seeking guardianship must apply under the GWA, as outlined in Section 10. The court exercises parental jurisdiction during proceedings and may grant temporary custody while ensuring the welfare of the minor. Factors like the child’s age, religion, and preference, along with the guardian’s character, are considered.

Responsibilities of a Guardian

A court-appointed guardian is responsible for the minor’s support, education, and overall welfare. The guardian may receive an allowance for fulfilling these duties, which is paid from the ward’s property. Guardians cannot move the minor outside the court’s jurisdiction without special permission, and violations can lead to penalties.

Termination of Guardianship

Guardianship may cease due to the guardian’s death, removal by the court, the ward reaching adulthood, or a female ward’s marriage if her husband is deemed fit as a guardian. The court can remove guardians for reasons like abuse of trust, negligence, incapacity, or failure to fulfill duties.

Child Custody Agreements

Following a divorce, child custody agreements play a critical role in determining parenting arrangements. These agreements require careful drafting to address all essential concerns, such as:

• Residency and relocation provisions.
• Visitation schedules, including holidays and special events.
• Decision-making responsibilities for education, healthcare, and religion.
• Financial obligations for child support.

Avoiding Common Pitfalls

Effective custody agreements should adapt to the child’s evolving needs as they grow. Agreements that focus solely on the parents’ needs rather than the child’s best interests are inadequate. Courts prioritize the child’s welfare, but a lack of expertise in child development may lead to shortcomings. Therefore, a well-crafted custody agreement must consider the child’s developmental stages and prioritize their long-term well-being.

For assistance with guardianship, child custody agreements, or related legal matters, our team offers expert guidance to ensure compliance with the law while prioritizing the welfare of children and families.