Child Custody Agreement In Pakistan
As a general rule, they are not granted custody of foreign non-Muslim mothers. The environment and culture of a foreign country are not considered conducive to Islamic education. In Christine Brass against Dr. Javed Iqbal, the Peshawar High Court refused to give custody to a Canadian mother because Canada is a non-Muslim country and it is not in the best interests of the child to live in a non-Islamic environment. The courts believe that not only should the mother be Muslim, but that the environment in which a Muslim child should live should also be Islamic. In Mrs. Mosselle Gubbay v Khawaja Ahmad Said was the mother of the child of the Jewish Indians. The Supreme Court in Karachi ruled that it was inappropriate and contrary to the child`s interests in giving custody to the mother. But in some cases, custody of a non-Muslim foreign mother has been entrusted, if it is in the best interests of the child. In Peggy Collin v. Muhammad Ishfaque Malik, the Lahore Supreme Court granted custody to a French Christian mother on the principle of child welfare.
The child`s Muslim father was a convict and has already been arrested. The court found that the father`s Muslim faith was not sufficient to establish that custody of the father was in the best interests of the child. As far as the religion of the child is concerned, the rule is that the child follows the father`s religion until he changes his religion according to the majority. In Ms. Hina Jillani, Director of A. G. H. S. Legal Aid Cell v Sohail Butt, the Lahore Supreme Court gave custody of a female child to an Uzbek Muslim mother and allowed her to take the child to Tashkent. The court considered the fact that the child was very young and that the father had financial means to visit his child in Tashkent. When a child is adopted and the adoptive parents are separated after the fact, the court decides on custody issues after consideration of the best interests of the child. In irfana Shaheen v Abid Waheed, the Lahore Supreme Court gave the adoptive mother custody of an underage girl taking into account the fact that the father is not a real father in this case, so he has no privileged custody.
The court found that custody of the adoptive mother could not be challenged by anyone except the child`s real parents. In Shaukat Khalid against an additional district judge, a young girl was adopted by her paternal uncle and his wife. When the girl was fifteen years old, her uncle died on the father`s side (the adoptive father). The biological parents asked for custody of the girl. The Supreme Court granted custody of the girl to her biological parents. The court noted that the girl was alienated by her biological parents and siblings, but found that it was in the juveniles` interest to be with real parents. Adopted children cannot inherit adoptive parents, but they have the right to inherit from their biological parents. In Pakistan, there have been cases where the welfare of the child claimed guardianship of marriage and property and the guardianship court granted the mother guardianship. A child custody contract is an extremely important document for divorce. It is essential that the problem areas are addressed in the above agreement and therefore a custody agreement must be given considerable attention in the development of these agreements.
Efforts have been made to change child care, but so far no success has been made. Here is a brief overview of the proposed reforms. The rest of this document is divided into three parts. First, I say the case law on child custody and I see inconsistencies in court precedents. Second, I discuss the provisions of the Convention on the Rights of the Child (1989). Third, I analyze the Child Protection Bill (2009) at the same time as the reforms proposed in the Guardians and Wards Act 1890. Finally, I will finish this document. If you and your spouse cannot reach an agreement, your lawyer can file an application with the guardianship court on your behalf. As a teacher, it can be heartbreaking to see parents preparing for their children first hand.