Child visitation rights in Pakistan are governed by the Guardian and Wards Act of 1890. Previously, child visitation for noncustodial parents was given by the court using its discretion considering the welfare of the minor, however, since year 2022, with introduction of the Family Courts (Amendment) Ordinance 2002, noncustodial parent (the parent who does not have primary physical custody of the child) has an inherent rights to enforce child visitations rights through process of court. The purpose of enforcement of child visitation rights is to protect minor against emotional deprivation which is seeded in him for want of interaction with noncustodial parent.
What is the Welfare and Wellbeing of Minor?
The United Nations Convention on the Rights of the Child, 1989 (UNCRC) is an international treaty which sets out the rights of children, be it economic, social, health or family. The UNCRC was ratified by Pakistan in 1990 with reservations that it will adopt the Convention, subject to the requirements of the Islamic Law. However, in 1997, the ratification became absolute as the reservation was withdrawn. The UNCRC recognizes that the child should grow up in an environment of love, happiness and understanding. It is since that the Court of Pakistan while considering the welfare of the minor are not bound to follow Islamic Principle of Hizanat or welfare of minor and while giving a decision in relation to minor look into not only the character, capacity, religion of parents, gender of the minor but also the opinion of the minor and all other aspect which the court may deem necessary to decide the wellbeing and best interest of the minor.
In most recent judgment of Lahore High Court, Mr. Justice MasubAbid Naqvi observed that minor who has less to no interaction with both parents is inflicted with Child Alienation Syndrome and therefore, stressed upon the need to offer balanced visitation rights to noncustodial parent for the welfare and wellbeing of the minor.
When custody is awarded to one parent whether it be the mother or father the courts make it a point not to deprive the noncustodial parent of their right to visit the child. This is done to preserve the emotional bond between the child and both parents, recognizing the importance of both parents’ involvement in the child’s life.
Visitation Rights for Fathers in Pakistan
In situations where custody is granted to the mother, the father’s visitation rights are firmly protected by the court. The law ensures that even if the father is not the custodial parent, he retains the right to meet and spend time with his child. The courts are diligent in upholding these rights, acknowledging that a father’s involvement is crucial for the child’s well-being. It is important to note that these visitation rights are upheld regardless of whether the parents are divorced, or the mother has obtained khula. Even if marriage is intact one parent has complete right and authority to enforce child visitation through court process.
Visitation Rights for Grandparents in Pakistan
The Guardian Courts in Pakistan also recognize the significance of extended family members in a child’s life. Grandparents, under certain circumstances, can be granted visitation rights. This usually comes into play when the parents are unable to visit, perhaps due to being abroad or other personal or professional reason. The courts may allow grandparents to visit the child, maintaining the child’s connection with their extended family. However, it should be noted that while grandparents can be granted visitation rights, they do not have the same priority as the child’s biological parents in custody matters.
Filing for Child Visitation Rights
A case for child visitation can be initiated in the Guardian Court either before or after the dissolution of marriage. Many people mistakenly believe that they cannot pursue visitation rights if they are not yet divorced, but this is not the case. The courts treat child visitation and divorce as separate issues, and the absence of a divorce decree does not preclude one from filing for visitation rights. Even grandparents, in the absence of the parents, can file for visitation rights.
Child Visitation Rights in Custody Case
If noncustodial parent believe that due to certain reason minor should be handed over for his best interest, he/she can file for suit for custody. Even in such matter noncustodial parents can firstly secure child visitation rights.
Types of Child Visitation in Pakistan
The Superior Courts of Pakistan stress upon the need to enforced balanced child visitation rights for noncustodial parent. Balanced child visitation can be different in every case as several factors have to be considered by the court including but not limited to the safety, welfare and wellbeing of the minor as well as the character, capacity and interest of parents. There are mainly three kinds of the Child Visitations in Pakistan:
- Court Visitation
Instances where court is concerned about the safety of the minor, court offers visitation to noncustodial parent in court premises. Mostly in cases, where strained relationship is established, minor is suckling baby or noncustodial parent has negative/adverse character, court is deemed as safe environment for enforcement of child visitation rights.
- Home Visitation
Home Visitation is mostly offered considering the age of the minor, good bond with noncustodial parent and there must not be any likelihood of harm to be caused to minor.
- Overnight visitation
Overnight visitation, refers to a parenting arrangement where a non-custodial parent is allowed to have the child stay overnight with them. This arrangement is part of a broader visitation or parenting time schedule, which outlines when and how often the non-custodial parent can spend time with the child.
Visitation Schedule in Pakistan
The court is responsible for setting an appropriate visitation schedule, tailored to the child’s best interests. Typically, the schedule may include at least two visitations per month, with additional visitation allowed on special occasions such as birthdays, Eid, or summer vacations. The court also determines the time and location for these visitations, ensuring a conducive environment for the child. In some instances, other family members may also be permitted to visit the child, depending on the court’s discretion.
Conclusion
Child visitation rights in Pakistan are upheld by the courts with great care, ensuring that the non-custodial parent, and even grandparents, maintain a meaningful relationship with the child. These rights are essential for the child’s emotional and psychological development, and the courts strive to enforce them diligently.
