When a marriage ends in separation or divorce in Pakistan—especially when children are involved—custody disputes are among the most common and emotionally charged issues. Often, the custodial parent (the one who has physical custody of the child) may act in ways that restrict visitation by the non-custodial parent.
This can include:
- Refusing to allow regular meetings.
- Moving the child to another district without permission.
- Travelling abroad with the child to make visitation difficult or impossible.
In such situations, the non-custodial parent must act quickly to safeguard their rights. Delaying action or “sleeping over” these rights often results in serious inconvenience, emotional hardship, and even long-term alienation from the child.
The Notion of Hatred and Aversion in Custody Disputes
It is a common belief among non-custodial parents that the custodial parent seeds hatred and aversion in the mind of the minor against them. While this may be true in some cases, its effects can be prevented or at least mitigated through balanced and effective visitation arrangements.
Regular, meaningful contact allows the child to build and maintain a strong bond with the non-custodial parent, reducing the risk of alienation. In a recent judgment, the Supreme Court of Pakistan emphasized that hatred in a minor often develops over time due to no visitation or ineffective visitation. The Court observed that absence of proper contact is one of the primary reasons a child’s affection for the non-custodial parent weakens.
For this reason, if visitation rights are being denied or restricted, non-custodial parents should act promptly and approach the court instead of waiting until the situation worsens.
Why Early Written Visitation Arrangements Matter
If a marriage is not working out, leading to separation or divorce, it is essential to chalk out visitation arrangements in writing, signed by both parties. Unfortunately, in Pakistan, this practice is adopted by hardly one percent of parents who genuinely aim to prioritise the well-being and best interests of the minor.
An effective written arrangement offers a win–win solution for both parents and the children. For example, in cases where the mother has custody and the father seeks visitation, the father acknowledges his responsibility to financially maintain the child, while the mother confirms her willingness to offer balanced and consistent visitation to the father.
What Makes a Custody Arrangement Effective and Enforceable?
For a child custody agreement to be practical and enforceable in Pakistan, it should:
- Be in Writing and Signed – A verbal understanding has no legal standing; the agreement must be documented and signed by both parents.
- Be Balanced and Child-Focused – Terms should reflect the child’s welfare, not only parental convenience.
- Be Specific – Include clear timelines, visitation schedules, residence details, and financial responsibilities.
- Include a Compliance Clause – State the consequences if either parent violates the agreement.
- Be Attested or Filed with the Court – Ideally, the agreement should be presented before a family court or attested by an oath commissioner so it can be enforced if breached.
- Allow Flexibility – As the child grows or circumstances change, the agreement should permit modifications.
A custody arrangement that meets these criteria stands a far better chance of being upheld and enforced by the court.
Can a Separated Man or Woman Enter into a Custody Agreement in Pakistan?
Yes. Both separated men and women in Pakistan can and should enter into a written child custody agreement with their spouse or ex-spouse.
While some parents rely on oral understandings about custody and visitation, these informal arrangements often lead to disputes. Without a legally binding document, it becomes much harder to enforce terms, prevent relocation, or stop one parent from taking the child abroad without consent.
Why Is a Written Child Custody Agreement Important?
A written custody agreement:
- Protects the rights of both parents.
- Ensures the welfare of the child (the top priority in Pakistani courts).
- Makes the arrangement legally enforceable.
- Reduces the risk of disputes and sudden disruptions.
This is especially important after divorce, as it creates a clear and structured parenting plan that can be enforced if either parent violates the terms.
Key Points to Include in a Child Custody Agreement
- Custody Arrangement – Sole or joint/shared custody; who has primary custody.
- Child’s Residence – The city/district where the child will live.
- Travel Restrictions – Permission requirements before the custodial parent can relocate the child or take them abroad.
- Visitation Rights – Specific days, times, and conditions for meetings.
- Child Maintenance/Support – Monthly financial support amount and payment method.
- Decision-Making Authority – Education, healthcare, and religious upbringing decisions.
- Consequences of Non-Compliance – Remedies if terms are violated.
- Flexibility Clause – Ability to modify terms as circumstances change.
Why Courts May Reject Some Custody Agreements
Pakistani courts always prioritize the best interest of the child over the convenience of parents. If an agreement is one-sided, ignores the child’s welfare, or fails to meet legal standards, the court may reject it.
Designing the Most Effective and Enforceable Child Custody Arrangement in Pakistan
Child custody arrangements in Pakistan are governed primarily by the Guardians and Wards Act, 1890, and the welfare of the minor is the paramount consideration for the courts. While court proceedings often lead to adversarial situations, parties can avoid prolonged litigation by entering into a mutually agreed and legally enforceable custody arrangement.
A custody arrangement is most effective when it clearly defines the rights and obligations of both custodial and non-custodial parents while safeguarding the emotional, physical, and educational welfare of the child.
What Makes a Custody Arrangement Effective and Enforceable?
For a custody arrangement to be effective and enforceable in Pakistan, it must:
- Be in Writing – Oral understandings are difficult to prove and enforce.
- Clearly Define Custody and Visitation Rights – including precise schedules, locations for handover, and flexibility mechanisms for unforeseen circumstances.
- Include Provisions for Education, Healthcare, and Religious Upbringing – To avoid future disputes on decision-making authority.
- Address Financial Responsibilities – Clearly stating child support amounts, payment dates, and method of payment.
- Be Approved by the Guardian Court – Any arrangement, even if signed by both parties, becomes legally binding and enforceable once recorded in court or made part of a court order.
- Include Dispute Resolution Mechanisms – For example, mediation or arbitration clauses to resolve disagreements before approaching the court.
- Registered in court – For parents and the minor are required to appear in court and record formal statement. As a result, the contract is registered in the court for the rest of their lives and both parties are issued a certified copy of the contract.
When such terms are recorded before the Guardian Court, they become legally enforceable, ensuring that both parents adhere to the agreed conditions without ambiguity.
Role of Expert Legal Drafting
An effectively drafted arrangement ensures there are no loopholes that could later be exploited by either parent. Poorly worded agreements often lead to renewed litigation, undermining the stability needed for the child’s welfare.
Hamza Hamayun Advocate, a leading family lawyer in Pakistan, has used his extensive experience to design the most practical and enforceable child custody arrangements that offer a genuine win-win outcome for the minor, the custodial parent, and the non-custodial parent. His approach focuses on balancing the child’s welfare with the rights and duties of both parents, ensuring long-term stability and reducing the emotional and financial costs of disputes.
At Khadija Law Associates, our experienced child custody lawyers in Pakistan draft agreements that:
- Protect both parents’ rights.
- Focus on the child’s welfare.
- Are legally enforceable in court.
Contact us today for expert legal advice and a customised child custody agreement. Acting quickly can protect your bond with your child and prevent years of unnecessary legal battles.
