Issue Faces Non-custodial Father in Pakistan Family Courts
It is often seen that in Pakistan, the non-custodial father faces a number of issues in the family courts. The main reason for this is that the custodial parent (usually the mother) often tries to take revenge from the father through these courts. In majority of cases, the father is not given custody of his children and he is often not even allowed to meet them. This adversely affects the children as well as the father.
It is high time that something is done to change this situation. The family courts should give due importance to the rights of the father and should not hesitate in handing over the custody of his children to him. Moreover, the law should be amended in order to give more rights to the non-custodial parent so that he can play an active role in his children’s lives.
Lack of awareness about the rights of non-custodial fathers.
In Pakistan, for reasons not conformed under the law, the guardian courts often hesitate in handing over the minors to the non-custodial parent. This is a major issue faced by non-custodial fathers in Pakistan. The father is often not aware of his rights and is not able to assert them in the right way. There is a lack of awareness about the rights of non-custodial fathers.
Troubles a Father Has to Face Being a Non-custodial Parent At an interim stage, Guardian Courts permit access to
minor and his non custodial parent (father) to be conducted within the Court premises and for two hours, twice a month in sheer violation of human dignity and natural justice.
Cases for seeking custody of children often arise where parents of a child have to depart through divorce or otherwise. Such issues are normally resolved by family courts. However, in many cases, the family
Inadequate legal aid and support services for non-custodial fathers.
In Pakistan, for reasons not conformed under the law, the guardian courts often hesitate in handing over the minors to the non-custodial parent. Being a non-custodial parent (in majority cases, the father), undergoes a highly painful journey of at least getting a child’s custody. Children should go to father after a certain age since he is responsible for their funds and finance, it is a lethal idea to let children live with mother only. Surprisingly, child custody litigation is based upon protecting the interests of the minor as well as his or her welfare being of paramount importance. According to section 7 of the Family Courts Act 1964, the non-custodial parent has a right to file a suit for visitation rights. This law provides some sort of relief to non-custodial fathers. Strangely no legal definition of word “Visitation Rights” exists in our legal system but according to section 7(3) of The Family Courts Act, 1964
Lack of sensitivity among family court judges towards the plight of non-custodial fathers.
In Pakistan, for reasons not conformed under the law, the guardian courts often hesitate in handing over the minors to the non-custodial parent. This often leads to a sense of deprivation and injustice among the fathers. The lack of sensitivity among family court judges towards the plight of non-custodial fathers is an issue that needs to be addressed.
Non-recognition of the emotional needs of non-custodial fathers by family courts.
In Pakistan, for reasons not conformed under the law, the guardian courts often hesitate in handing over the minors to the non-custodial parent. The law applicable to matters relating to family such as divorce, maintenance, custody, guardianship, succession etc. sourced from a variety of sources including the Quran and Sunnah is often misinterpreted by these courts.
All Non Custodial Parents from Karachi, who are interested in securing an Annual Schedule of Access towards their Minor Children, are hereby informed that according to section 7 of the Family Courts Act 1964, the non-custodial parent has a right to file a suit for visitation rights. This law was implemented in order to protect the rights of such parents. However, even after almost 50 years since its inception, this law is still not being given due importance by our family courts.
Custody of minor–Suit for custody of minor must be instituted in Court of District Judge who
The tendency of family courts to give custody of children to mothers without due consideration of the rights of non-custodial fathers.
The trend of family courts to give custody of children to mothers without due consideration of the rights of non-custodial fathers is unfair and unjust. This tendency often results in the father being deprived of his fundamental right to be with his child and play an active role in his or her life. The court’s decision in such cases is often based on the child’s welfare, but this does not always take into account the importance of a father’s presence in a child’s life. Fathers play a vital role in a child’s development and should not be denied this opportunity simply because they are not the custodial parent.
