Pakistan's family courts have increasingly applied a 'best interests of the child' standard in custody disputes, moving beyond the traditional age-based hizanat rules. We examine recent judgments and what they mean for separating parents.
Pakistani family law is in a period of gradual evolution on the question of child custody. While the traditional Islamic law principle of hizanat (physical custody) assigns mothers the right to custody of young children, courts are increasingly considering a broader range of factors.
The Best Interests Standard
The Guardians and Wards Act 1890 requires courts to consider the welfare of the minor as the paramount consideration. Recent High Court decisions have interpreted this to include the child's educational opportunities, emotional wellbeing, relationship with both parents, and — for older children — the child's own expressed preference.
Practical Implications
Mothers should not assume that hizanat guarantees long-term custody without question. Fathers who have been primary caregivers or who can demonstrate superior circumstances for the child's welfare have successfully obtained custody in recent cases. The child's wishes carry increasing weight as they approach maturity.
Cross-Border Custody
For families with connections to multiple countries, Pakistani courts will consider the child's habitual residence and any prior foreign orders, though Pakistan is not a signatory to the Hague Convention. International custody matters require urgent attention — delay can prejudice your position significantly.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our team.