Child Custody Laws in Pakistan: A Parent's Guide

Pakistani law separates two ideas that everyday language treats as one. Custody (hizanat) is the day-to-day physical care of the child: where the child sleeps, eats, and goes to school. Guardianship is the broader legal authority to make decisions for the child, including decisions about property, education, and relocation.

Under classical Islamic law as applied in Pakistan, the father (or in his absence the paternal grandfather) is generally regarded as the natural guardian of a minor, while custody during early childhood rests with the mother. A custody order decides who cares for the child now; a guardianship order under the Guardians and Wards Act 1890 decides who has legal authority over the child's person and property.

Section 17 of the Guardians and Wards Act, 1890 directs the court to act in the welfare and best interests of the minor, and to consider the age, sex, and religion of the child, the character and capacity of each parent or proposed guardian, and any existing or past relationship with the child. No rule of Islamic or statutory law overrides this welfare test.

• The child's age and physical and emotional needs
• The moral character and capacity of each parent to care for the child
• Continuity which parent has been the child's primary caregiver
• The child's own wishes, where the court finds the child old enough to express a preference
• Ability to provide education, healthcare, and a stable home environment

Because welfare is case-specific, courts weigh evidence rather than apply rigid formulas. A parent with stronger finances does not automatically win; conversely, even conduct that would normally disqualify a parent can be overlooked if the welfare of the child demands it.

Pakistani courts follow the hizanat tradition, under which a mother has the first claim to custody of young children. In practice across Punjab Family Courts, mothers are ordinarily awarded custody of very young children, commonly until a son reaches around seven years of age and a daughter reaches puberty, but these are judicial guidelines, not statutory rules.

The transfer of custody at those ages is not automatic. The father must usually file a fresh application, and the court again applies the welfare test. A mother who remarries does not automatically lose custody. The remarriage is one factor the court considers against the child's welfare, and many mothers retain custody despite remarrying where the child's welfare supports it.

A father who is not the custodial parent remains the child's natural guardian in most cases and retains the legal duty to maintain the child; custody and financial responsibility are treated separately. Refusing to pay maintenance is not a lawful response to losing custody, and denying access is not a lawful response to unpaid maintenance; the courts treat each obligation independently.

Fathers routinely secure access orders covering visits on weekends, holidays, and occasions such as Eid, and they can also seek custody where the mother is unable or unsuitable to care for the child. Guardianship of the child's property can also be sought where the child owns assets or inheritance.

Custody claims are filed under Section 25 of the Guardians and Wards Act, 1890 before the Judge of the Family Court with jurisdiction over the place where the child ordinarily resides. The Family Courts Act, 1964 procedure applies, which is designed to be faster and less formal than ordinary civil litigation.

1. 1

   Filing the plaint

   The application sets out the child's details, the current living arrangement, and the relief sought: custody, access, or guardianship.

2. 2

   Interim orders

   Courts frequently grant interim custody or interim access while the case proceeds, to stabilise the child's situation early.

3. 3

   Reconciliation and evidence

   The court attempts reconciliation between the parents where appropriate, then records evidence: documents, witnesses, and school or medical records.

4. 4

   Child's statement

   For older children the judge may speak to the child, often in chambers, and give weight to a mature preference.

5. 5

   Judgment and decree

   The court decides custody, sets an access schedule for the non-custodial parent, and deals with any connected maintenance claim.

Custody orders are not permanent in the sense of being immune from change. Either parent can seek modification if circumstances materially change, for example a parent relocating, a custodial parent becoming unable to care for the child, or sustained denial of access. Where a custody or access order is disobeyed, the court can enforce it, and in serious cases a writ of habeas corpus before the High Court can secure production of a minor who is being illegally retained.