Introduction:
You may wonder at what age can a
child choose which parent to live with in Pakistan? The law is set out in
Section 22 of the Pakistan Muslim Family Laws Ordinance, 1981 (Ordinance). This
section provides that when a child reaches the age of 16 years, he or she shall
be deemed to have attained majority. This means that a child's parents/legal
guardians cannot make any decision for him or her unless he has consented to it
himself or she acknowledges an offer of enrolment to live with the other
parent/guardian without objection from him/her.
The Pakistani family law is more
complicated than most of the other civil law systems. The law allows for a
child to decide who they want to live with, and when he or she turns 16 years
old. There is no minimum age under which a child can file a petition for full
custody from one parent and chooses another parent by saying that he or she
does not wish to live with either parent anymore. However, a child cannot
decide for themselves whether they want to keep contact with either parent and
live with them at the same time until they reach 16 years old.
At
what age can a child choose which parent to live with in Pakistan?
There are no set guidelines for when
a child should choose which parent to live with in Pakistan. However, there are
some factors that can determine how soon a child will start to make this
decision on their own.
If the parents live in different
cities or countries, then it may help if the child has some understanding of
geography and culture. The child may also be familiar with the idea of
separating from one parent and moving to another country.
It is important for children to
learn about divorce as early as possible so that they are not frightened by the
idea of breaking up their family unit. This can help them feel more prepared
for what may lie ahead after they reach an age where they can legally make such
decisions themselves.
How
is the child's best interest established in Pakistan?
The best interest of a child is
established with the consent and participation of both parents as well as the
court.
According to Islam, children have
the right to live with their mother until they reach adulthood. However, if the
father has custody of his son, he has no right to take him out of the country.
The father can only take his son abroad when he is older than 10 years old.
If the mother dies or leaves her
home without leaving a will, then the custody of her daughter will be given to
her husband according to Islamic law. If she does not have a husband, then
Imam-e-Umar (6th century) ruled that she should be given custody of her
daughter until she becomes an adult.
Can
a child choose which parent to live with in Pakistan?
In Pakistan, the law is unclear on
whether a child can choose which parent to live with.
According to Section 24 of the Hindu
Marriage Act, 1939, "the marriage of a minor shall be void". But this
does not apply to children who have attained majority (18 years).
The Child Marriage Restraint Act of
1929 says that a child cannot marry without the permission of his or her
guardians. The guardians are usually their parents, but in some cases they may
be an adult relative who is legally responsible for them.
There are two exceptions: if one
guardian dies and the other is willing to take care of the child, or if both
parents agree to give permission.
In Pakistan, children over 12 years
old can apply for passports and other official documents by themselves.
However, if they don't have a passport from their country of origin or
residence, they will need a letter from their legal guardian saying that he or
she has given permission for them to travel abroad without supervision.
How
can I ensure that my child gets equal time with both parents in joint custody?
You can ask the court to appoint a
children's lawyer who will fight your case in court on behalf of your child.
You can also ask the judge to order joint custody, which means that you and
your ex-partner (the non-custodial parent) would each get equal time with your
child.
If you are seeking sole custody, you
must prove that it is in the best interest of the child to live with one parent
rather than another. If one parent has sole custody and the other parent has
visitation rights, then there is a high risk that this situation will be
unstable and will not be good for the child's welfare.
What
factors does the court consider when deciding if a child will live with one
parent or both parents?
In Pakistan, the law does not allow
for joint custody. One parent will always have legal custody of the child, and
the other parent can only visit their child under certain circumstances.
In the case of divorce, both parents
are presumed to be fit to care for their child without any intervention from
the court. However, if one parent is unfit to care for their child, then the
court may intervene and appoint a guardian to take over the responsibilities of
that parent. In some cases, a third party may also be appointed by the court as
a temporary guardian until such time as a permanent guardian can be found.
When considering who should have
custody of your child, there are several factors that courts will consider when
making a decision:
1) The best interests of the child
2) Strength of evidence regarding
each parent's ability to care for your child properly
3) Degree of involvement in your
child's life by each parent
4) Any history between each you and
your ex-spouse/ex-partner.
Conclusion
This change in law represents a step
in the right direction, as it reduces the familial conflict over children and
allows them to decide which parent to live with. However, it still fails to
offer this right to every child. The current disagreement is due to the failure
of the law in granting youth the ability to make decisions on their own during
such an emotionally volatile part of their life.
Many legal professionals are pushing
for amendments that allow youth more autonomy over other significant decisions
made in their life. Ultimately, this will lead to the reduction of parental
fighting by reducing the role parents have over their children's choice of
residence. This is a welcome change for families across Pakistan and one that
is desperately needed.
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