Separated? Who keeps the children?

Myth or fact?

The belief most families start with.

• Myth: The father always gets the children.
• Fact: The court is guided by the welfare of the minor (s.17(1), Guardians and Wards Act, 1890).

Welfare comes first.

This is what the court must weigh.

“In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.”

Guardians and Wards Act, 1890 · Section 17(2), Matters to be considered by the Court

Does the child get a say?

Sometimes, yes.

• Child old enough to chooseThe court may consider the child's preference (s.17(3)).
• Nobody forcedNo one is made guardian against his will (s.17(5)).

Quick quiz. Where do you file?

Guess first, then swipe for the answer.

• A. The police station
• B. The Family Court
• C. Straight to the High Court

Answer: B. The Family Court.

Custody and meeting rights are both listed.

“5. Custody of children, and the visitation rights of parents to meet them. 6. Guardianship.”

Punjab Family Courts Act, 1964 · Schedule, Part I, Matters for the Family Court

Lost custody? You can still meet.

Visitation is a right the court decides.

• Myth: If the child lives with the other parent, I cannot see my child.
• Fact: The Schedule lists "visitation rights of parents to meet them". A divorce plaint can include custody and visitation claims (s.7(2) proviso).

While the case runs.

The court can act before the final order.

• Interim custodyTemporary custody and protection while the case is pending (s.12(1)).
• Child taken awayThe court may order the child returned to the guardian (s.25(1)).
• Moving the childA court-appointed guardian needs the court's leave to take the child out of its jurisdiction (s.26(1)).

Check your case. Free.

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My wife took our son to her parents. How do I get to meet him?
• At what age can a child choose which parent to live with?

Example questions

What this does not mean

• The father does not always get the children. The court is guided by the welfare of the minor (Guardians and Wards Act, s.17(1)).
• A child does not decide alone. The court may consider the preference of a child old enough to choose, along with the other welfare factors (s.17(2), (3)).
• The Family Court schedule quoted here is from the Punjab Family Courts Act.

Questions people ask

Sources

• Guardians and Wards Act, 1890 · Section 17(2)
  Matters to be considered by the Court Pakistan Code
• Punjab Family Courts Act, 1964 · Schedule, Part I
  Matters for the Family Court Punjab Code