Children & Guardianship
The welfare of the child, first and always.
Few matters are more sensitive than those concerning children. Pakistani law makes the welfare of the child the paramount consideration in every custody and guardianship decision, and that principle guides everything we do.
We act for mothers, fathers, grandparents and guardians in custody and guardianship matters — and in the urgent applications that sometimes cannot wait.
How we help
Child custody (hizanat)
Custody matters before the Guardian Court, where the welfare of the child is the paramount consideration under the Guardians and Wards Act 1890.
Guardianship certificates
Applications for guardianship of a minor’s person or property under the Guardians and Wards Act 1890.
Visitation rights
Securing and enforcing reasonable contact for a parent who does not have day-to-day custody.
Interim custody applications
Urgent interim custody applications where a child’s immediate circumstances require the court’s attention.
Child welfare proceedings
Representation in proceedings concerned with a child’s safety, welfare and best interests.
Travel permission & consent
Applications concerning a child’s travel, and disputes over travel consent between parents.
Restriction on removal of a child from Pakistan
Urgent steps, including restraining orders, to prevent the wrongful removal of a child from Pakistan.
School & educational disputes
Disputes touching a child’s schooling and education following a separation.
Children come first
We advise honestly on likely outcomes and help you put the child’s interests at the centre of your case — because that is exactly what the court will do.
Where matters are urgent — a threatened removal from Pakistan, a sudden change in a child’s circumstances — we act quickly to protect the child’s position.
Frequently asked
How is child custody decided in Pakistan?
Custody is decided by the Guardian Court under the Guardians and Wards Act 1890, and the welfare of the child is the paramount consideration — taking in the child’s health, education, and emotional and moral wellbeing. It is determined on the evidence in each case rather than by a fixed formula.
Does the mother always get custody?
Not automatically. Under the principle of hizanat the mother is ordinarily entitled to the custody of young children — generally a son until about seven years and a daughter until puberty — but this is always subject to the welfare of the child and the court’s discretion, and the court may decide otherwise where the child’s welfare requires. The father is the natural guardian.
Can I stop my child being taken abroad without my consent?
The court can intervene. Where there is a risk that a child may be wrongfully removed from Pakistan, the court can pass orders restraining removal. These matters are urgent and should be raised without delay.
What is the difference between custody and guardianship?
Custody (hizanat) concerns who a child lives with and their day-to-day care; guardianship concerns legal responsibility for the child’s person or property. Both are dealt with under the Guardians and Wards Act 1890, with the child’s welfare paramount.
Speak with us about Children & Guardianship
A consultation is an opportunity to discuss your situation confidentially and understand your options before making any decisions.