Child custody in Pakistan is decided by the Guardian Judge under the Guardians and Wards Act, 1890, and the welfare of the child is the deciding factor. Islamic law generally gives the mother custody (hizanat) of young children, but the court can depart from this where the child’s welfare requires. The parent without custody can seek a visitation schedule.
Who this is for
- Mothers or fathers seeking custody of their children
- Parents who want a fair visitation schedule
- Grandparents or relatives seeking guardianship
- Parents needing a guardianship certificate for a child’s property or travel
How the child custody & guardianship process works
- 1
Assess your case
We review the children’s ages, current living arrangements and anything that bears on their welfare.
- 2
File the petition
We file a custody or visitation petition before the Guardian Judge.
- 3
Interim arrangements
We seek interim custody or meetings while the case is decided.
- 4
Evidence and the child’s welfare
We present evidence on the child’s welfare, schooling, health and home environment.
- 5
Order and enforcement
After the order, we help enforce custody or meeting schedules.
Documents you need
- ◆Children’s B-forms or birth certificates
- ◆Your CNIC and nikahnama
- ◆School and medical records of the children
- ◆Evidence of your living arrangements and income
Timeline and fees
| Timeline | Interim meeting schedules can be ordered within weeks. Final custody decisions usually take several months. |
|---|---|
| Fees | Quoted in writing after we review your documents. Court matters are quoted stage by stage (filing, evidence, arguments) so you know the cost of each step before it starts. |
| Governing law | Guardians and Wards Act, 1890: sections 7, 17 and 25 · Family Courts Act, 1964 |
Welfare of the child comes first
Custody law gives guidelines, such as the mother’s right of hizanat for young children, but the court’s main question is always what is best for the child. We build the case around that question, with school, health and home evidence.
Visitation
Children benefit from contact with both parents. We help agree or obtain a meeting schedule that works for the child, including meetings on holidays and Eid.
Guardianship certificates
A guardianship certificate may be needed to deal with a minor’s property, bank accounts or travel documents. We handle these applications too.
Frequently asked questions
Who gets custody of children after divorce in Pakistan?
The court decides on the welfare of the child. Mothers usually have custody of young children, and fathers remain natural guardians, but each case depends on its facts.
Can a father get custody?
Yes, where the court finds it is in the child’s welfare, for example if the mother remarries or cannot care for the child.
Can the other parent see the children?
Yes. The court regularly sets visitation schedules for the parent without custody.
Can a child be taken abroad during a custody case?
Not without the court’s permission or the other parent’s consent. The court can restrain removal of the child.
