Child custody

Child custody matters in Pakistan are governed by the Guardian and Wards Act, 1890 and the Family Courts Act, 1964. These laws address the sensitive issues that arise after the separation of spouses and ensure that the welfare and best interests of the child remain the primary concern.

The entire Guardian and Wards Act, 1890 is based on the principle of the welfare of the child. In child custody proceedings, there are three main parties: the custodial parent, the non-custodial parent, and the minor. The Guardian Judge acts as a parent while making decisions, always keeping the welfare, education, and upbringing of the child as the top priority.

Generally, the mother has a superior right to custody of the child, especially during the early years. However, if the mother remarries and the minor is a girl, the father may be given preference, depending on the circumstances. Even in such cases, the child’s welfare remains the most important consideration for the court.

Both parents have the fundamental right to meet their child. The Guardian Court arranges meeting schedules for the non-custodial parent to ensure regular contact and emotional connection with the child.

Shabir Shar Law Associates provides professional legal services for filing and defending child custody cases before Guardian and Family Courts. Whether you are a custodial or non-custodial parent, our firm protects your parental rights while prioritizing the best interests of the child.

For legal assistance in child custody, guardianship, or other family matters, contact: