10/05/2026
⚖️ CHILD CUSTODY IS ABOUT THE CHILD’S WELFARE — NOT PARENTAL OWNERSHIP
“CUSTODY OF A CHILD IS NOT AN ABSOLUTE RIGHT OF PARENTS OR GUARDIANS, BUT A MATTER OF THE CHILD’S BEST INTERESTS.”
📘 PLD 2023 Islamabad 83
Under Sections 15 & 19 of the Guardians and Wards Act, 1890, the Court held that where custody or guardianship is granted to someone other than the biological parent, the Court remains under a continuing obligation to monitor the welfare of the child.
The judgment highlights:
✔ Emotional wellbeing
✔ Psychological wellbeing
✔ Physiological wellbeing
✔ Periodic court review
✔ Professional child assessment
The welfare of the minor remains the PARAMOUNT consideration in every custody dispute.
This precedent is highly relevant in:
▪ Child custody disputes
▪ Guardianship matters
▪ Overseas Pakistani family cases
▪ Grandparents’ custody claims
▪ Visitation rights litigation
▪ Modification of custody orders
⚖️ Pakistani Family Courts may rely on psychologists, child experts, and welfare professionals because emotional and psychological assessment of children requires professional expertise.
🌍 Overseas Pakistani facing custody or guardianship issues in Pakistan? Legal representation through SPA and remote legal assistance may help protect your rights and your child’s welfare.
📍 MALiXSANA LEGAL CONSULTANTS SMC-PRIVATE LIMITED ®
⚖ Advocate High Court
📞 Family | Guardianship | Child Custody Matters
OverseasPakistanis PakistaniLawyer FamilyCourt BestInterestOfChild ChildWelfare LegalAwareness LawyerPakistan CustodyRights FamilyDispute PakistaniFamilyLaw AdvocateHighCourt UKPakistanis UAEPakistanis LegalConsultation CourtCase FamilyLawyer PakistanFamilyCourt IslamabadHighCourt LawFirm LegalServices