Parental Separation & Children’s Mental Health

The Guardian and Wards Act, 1890, governs child custody in Pakistan. However, its shortcomings often result in protracted legal battles, causing distress to all parties involved. When seeking permanent custody, a parent must file a petition with the Guardian Court, often resulting in limited visitation rights for the non-custodial parent, typically the father. Fathers are usually granted just two hours of visitation twice a month, and additional requests for special days like holidays are subject to judicial discretion.

The current framework is insufficient, as restricted visitation time prevents meaningful bonding between fathers and children. Applications for extended visitation are often denied, and the process of seeking permission for even small visits perpetuates litigation and animosity.

There is a need for codified amendments to the Guardian and Wards Act. These reforms should allow for extended visitation rights, including vacation time and special occasions, without requiring court applications. This would create a more compassionate legal framework that prioritises the welfare of children and allows for more harmonious custody arrangements.

ADVOCATE RIAZ ALI PANHWAR,

Hyderabad.

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