Can Shared Parenting Work Under Child Custody Laws in Pakistan?

When parents separate or divorce, one of the most sensitive and emotionally charged issues is who gets custody of the child. Traditionally in Pakistan, custody has often been viewed as a binary—either the mother or the father is granted full custodial rights. But as the concept of parenting evolves globally, the question arises: Can shared parenting work under the current child custody laws in Pakistan?

This question opens the door to an important conversation about the nature of Child Custody Laws in Pakistan, their foundations, limitations, and the potential for more balanced, child-centered outcomes.

The Current Legal Landscape

Child custody in Pakistan is primarily governed by the Guardians and Wards Act, 1890, a colonial-era law still in force today. Under this act, the courts are responsible for appointing a guardian (custodian) for the child based on the "welfare of the minor" standard.

The Family Courts Act, 1964 complements this legal structure, giving family courts jurisdiction over custody disputes. Courts assess each case individually and may award custody to either parent, though societal and religious norms often guide these decisions.

Traditional Custody Model vs. Shared Parenting

In most Pakistani custody decisions, courts grant sole physical custody to one parent—typically the mother, especially for young children—while the other parent is given visitation rights. The non-custodial parent, usually the father, often has limited influence over the child's daily life and decision-making.

This model, while consistent with traditional norms, can unintentionally distance the child from one parent. Modern psychological studies indicate that continued involvement of both parents leads to healthier emotional and social development in children. This is where shared parenting becomes relevant.

Shared parenting, or joint custody, allows both parents to be actively involved in the child's life, sharing responsibilities and decision-making authority. However, under current Pakistani laws, this model is not formally recognized, though courts may allow flexible visitation or partial arrangements depending on the circumstances.

Barriers to Shared Parenting in Pakistan

Several factors hinder the implementation of shared parenting in Pakistan:

  1. Lack of Legal Recognition: Pakistani law does not explicitly provide a framework for joint custody or shared parenting.

  2. Societal Norms: Deep-rooted cultural and gender norms often assume that mothers are better caregivers, sidelining the role of fathers.

  3. Conflict Between Parents: In high-conflict divorces, cooperation between parents becomes difficult, making shared parenting impractical.

  4. Rigid Interpretation of Islamic Principles: While Islamic teachings emphasize the welfare of the child, interpretations often favor maternal custody without fully exploring co-parenting models.

Child Custody Laws In Pakistan


Is Change Possible?

Despite these challenges, there is growing awareness among legal experts, judges, and child rights advocates about the need to move towards a more inclusive model of parenting post-divorce. In recent years, Pakistani courts have increasingly considered the child's emotional and psychological needs, not just physical care.

Some progressive judgments have encouraged greater involvement of the non-custodial parent and even allowed extended visitation or overnight stays—steps that reflect elements of shared parenting.

Moreover, civil society organizations and legal professionals are advocating for reforms to bring Child Custody Laws in Pakistan in line with international best practices while respecting local values.

Conclusion: Legal Support Matters

Navigating the complex and evolving terrain of child custody laws in Pakistan requires not only legal expertise but also sensitivity to the emotional well-being of the child. Whether you are seeking custody, extended visitation, or want to explore more equitable parenting arrangements, expert legal guidance is crucial. 

Child Custody Laws In Pakistan

While shared parenting is still a developing concept under Pakistani law, with the right legal support and a child-focused approach, it is possible to achieve more balanced and fulfilling outcomes for families.

Hamza & Hamza Law Associates is one of Pakistan’s leading family law firms, offering strategic and compassionate legal services in child custody and guardianship matters. Their experienced team is well-versed in handling both traditional and evolving custody arrangements, and they are committed to safeguarding the rights of both parents and children.


Comments

Post a Comment

Popular posts from this blog

What Is The Role Of The Mother In Child Custody Under Pakistani Law?

Image
Child Custody Laws In Pakistan  are primarily governed by the Guardians and Wards Act, 1890 , and are influenced by Islamic principles due to the majority Muslim population. While the law is gender-neutral in its language, the mother plays a significant and often favored role in the custody of minor children , particularly during their early years. The role of the mother is shaped by both legal precedents and cultural norms, which together emphasize her importance in the upbringing and nurturing of young children. 1. Custody vs. Guardianship To understand the mother’s role, it is important to distinguish between custody (Hizanat) and guardianship (Wilayat) . Custody refers to the day-to-day care and physical control of the child, while guardianship pertains to legal authority over the child's affairs, such as education, travel, and property. Under Pakistani law, the mother typically receives physical custody of young children, while the father is presumed to be the natural gu...
Read more

Can The State Remove Custody From Both Parents In Extreme Cases?

Image
 In Pakistan, child custody matters are primarily governed by the  Guardians and Wards Act, 1890 , Islamic personal laws, and the overarching principle of the "welfare of the minor." While most custody disputes involve one parent seeking custody under  Child Custody Laws In Pakistan   against the other, there are extreme situations where both parents may be deemed unfit or incapable of caring for their child. In such rare but serious cases, the state does have mechanisms to intervene and remove custody from both parents to protect the child’s welfare. The Principle of Welfare of the Minor The cornerstone of Pakistani custody law is the welfare of the child. Every decision made by the court, whether in favor of the mother, father, or any other guardian, is guided by what is best for the minor’s physical, emotional, educational, and moral development. This principle applies even more stringently in cases where both parents are considered incapable of fulfilling their p...
Read more

What Legal Remedies Are Available for False Allegations in Custody Cases in Pakistan?

Image
 False allegations in child custody cases are unfortunately common and can have significant emotional, legal, and financial consequences for all parties involved.  Child Custody Laws In Pakistan solve  disputes that are often emotionally charged, a false accusation against a parent—whether it relates to abuse, neglect, or any form of unfit behavior—can severely impact the outcome of a case. Fortunately, the Pakistani legal system provides several legal remedies for parents facing false allegations in custody battles. These remedies are designed to safeguard the interests of both the accused parent and the child, ensuring that justice is served. Legal Framework Governing Custody Disputes Child custody disputes in Pakistan are primarily governed by the Guardian and Wards Act, 1890 , and the Family Courts Act, 1964 . These laws prioritize the welfare of the child, and any allegations made by one parent against the other are treated seriously. However, if those allegations...
Read more