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CHILD CUSTODY LAW UPDATES IN PAKISTAN:

There are new child custody law updates in Pakistan. The government announced these child custody law updates in Pakistan in March 2025. Lots of amendments have been made for the cases of child custody in Pakistan. These amendments are now applicable to all the guardian courts in Pakistan. The new updates are as below.

MOTHER WILL HAVE THE RIGHT OF PRIORITY OVER THE CHILDREN: This amendment has made clear that the mother the children will have the priority rights over the children in case of any dispute between the spouses. This right of priority will be both for the boy and the girl. Now, unless there are extreme circumstances, the mother of the children will be given the custody of the children. The father, in order to get the custody of the children, will have to prove that there are extreme circumstances due to which the mother should not be given custody. Indirectly, the burden of proof is on the shoulders of the father to prove these circumstances. The father has to convince the court of the extreme circumstances.

• NO EFFECT OF KHULA: There will be no effect on the child custody cases if the mother of the children takes khula in Pakistan. Previously, after the khula, the mother’s right over the children was in the hands of the courts. Now it does not affect the custody cases even if the mother has obtained the khula decree.

• NO EFFECT OF SECOND MARRIAGE: If the mother after the divorce in Pakistan does marriage or court marriage in Pakistan, she will not lose the custody of her children. Previously, when the mother does the second marriage, the father had the right to claim the child custody on the basis that the mother has now done second marriage. Now, according to the new child custody law updates in Pakistan, if the mother has done a subsequent marriage, she will not lose the child custody even if the father has her Nadra marriage certificate in Pakistan as proof.

• NO EFFECT OF DIVORCE: Now, according to the new child custody law updates in Pakistan, if the husband divorces the wife and the Nadra divorce certificate in Pakistan is also issued, it will not affect the child custody cases.

• NO EFFECT IF THE MOTHER IS POOR: Now, if the mother is poor and does not have any means for child maintenance in Pakistan, it will not bar her from getting the child’s custody. The law says that it is the responsibility of the father to maintain the child and not the mother.

• MEETING SCHEDULE: The amendment has given relaxation to the fathers in terms of the meeting schedule of the children. Previously, the father was allowed to meet the children only once a month on the court premises, but now he can meet the children twice a month. He can also take temporary child custody during Eid holidays, birthdays, and even he can get the child custody for one month when the school-going child is having summer vacation.

• NO EFFECT OF ONLINE MARRIAGE: If the mother has done an online marriage in Pakistan with someone else, it will not affect the child custody case.

The new child custody law updates in Pakistan are now fully implemented by the guardian courts.