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Senate has passed the Guardians and Wards (Amendment) Bill, 2020. It states that the custody of children up to the ages of 16 (for girls) and seven (for boys) will be handed over to the mother after divorce.
The law was presented by PPP Senator Farooq H Naik in the upper house of the Parliament. “Pakistan’s law on child custody after divorce is silent,” he pointed out.
“Due to this, women have to make endless visits to the court for their children. The process is very long and draining.”
PTI minister Muhammad Ali Khan, while commenting on the bill, said that the Islamic Ideological Council has given suggestions on the proposed law which should be taken into consideration.
According to Pakistan’s laws, the custody of a minor is given to the mother (after divorce). But after the age of seven years, the mother’s right over the son ends. Girls, on the other hand, stay with their mothers until they attain puberty.
The father has the right to custody after the mother’s term ends by the court. In case of the absence of both parents, the grandparents are given custody of the child.
Meanwhile, parents who want custody of a child but cannot reach a settlement have to seek custody separately from the court. There is never any automatic transfer of a child’s custody to a particular parent after reaching a specific age.
