It is normally believed that mother can have child custody of minor boy only up till age of 7 years in case of marriage dispute, separation or divorce. This is absolutely a false notion, In this article we will explain the major factor which the Family Courts in Pakistan consider while deciding custody claim in relation to minor son usually filed by non-custodial parent.
According to Islam custody of minor son upon attaining age of 7 years go to father whilst in case of minor daughter, non-custodial father can have custody of minor daughter after she attains age of puberty. Family Courts in Pakistan while deciding the custody claim filed by non-custodial parent do take into consideration the Edicit as may be issued by recognized Muslim Jurists. However, according to Custody Laws prevalent in Pakistan, Family Court are mandatory required to decide the custody of minor while determining best welfare of minor. In so doing Family Courts of Pakistan are not bound to blindly follow th Islamic principle discussed above.
This means that non-custodial father will have to establish best welfare of minor before the court by providing evidence to show it is in minor’s best interest that his/her custody be given to non-custodial father. Age factor therefore is not in itself a sole satisfactory reason for court to handover custody of minor to father.
It is also another false notion in our society that because father is financially strong and mother cannot on her own take care of minor’s day to day needs, custody of minor is handed over to non-custodial father. Superior Courts of Pakistan over time have settled the principle that factors like financial soundness cannot be used to determine best interest and welfare of minor; it is a natural phenomena that mother invest her energy in upbringing of minor whilst father is responsible to financially support and maintain his minor son/ daughter.
At present to examine and determine the question of custody, Family Courts are legally mandated under statutory law to even bypass the principle of acquiescence. For example where mother by executing an agreement in writing herself agreed to handover custody of minor in favour of father, court while determining the best interest and welfare of minor proceed to declare such agreement null and void. In a case where there is conflict between legal rights. So in simple word. If there is a clash between the rights of the parents and the welfare of the minor the latter shall prevails and custody arrangement as may be mutually agreed earlier shall have no force in the eye of law.
Therefore, age is not the factor which the family court consider while deciding the custody of minor but best interest and welfare of minor. Best interest and welfare of minor may be different in each case. Our foreign qualified Custody Dispute Family lawyers in Lahore have ample experience to represent, pursue and defend interest of minor in Family Court. To understand the best interest and welfare of minor in your case, feel free to consult you matter with Expert Custody Dispute Lawyers at Hamza and Hamza Law Associates.