Child Visitation in Pakistan refers to the rights of a Non-Custodial Parent (and his/her family) to visit their child (or children). This is essential so that the child avoids estrangement from his family
Unlike any Commodity, a child is a human being in a growing state. It is vital that a child keeps in touch with their parents and/or family. Child Custody cases in Pakistan can last years, so in order for the child not to develop any estrangement with its Non-Custodial Parent and their relatives/family, a Visitation Schedule can be requested to be drawn up, which is where our Family Lawyers can help in Child Visitation in Pakistan.
Child Visitation in Pakistan is done through a Visitation Schedule, which is drawn up (usually within 6 months of initiating proceedings) by the Guardian/Family Court and is reviewed on an Annual Basis, to ensure that, when needed, the time can be adjusted. The important points that are covered are:-
An Application to make amendments to the visitation Schedule can be submitted to the court at any time and would be entertained if there is a real need for the visitation schedule to be amended, in the benefit and interest of the welfare of the minor.
The Non-Custodial Parent can make an application to take the child abroad or even to add the child’s name to the Exit Control List (ECL) to ensure avoidance of Parental Abduction.
It is noteworthy to mention that divorce / khulla proceedings do not need to be in place for a visitation schedule to be drawn up. Furthermore, It is not just biological parents who can request a visitation schedule to be scheduled, and that Relatives can also apply for it through the court.
As a Custodial Parent, you could be fined for each visitation missed and be ordered to pay for Damages and (in extreme cases) lose custody of the child. Each missed visitation is recorded, and at the time of final judgment, it will surface as a negative in your conduct and character as a Parent.
During the course of the case, you may also lose entitlement to the Monthly Child Maintenance (if it’s being claimed) to compensate the custodial parents travel expenses, as part of your penalty for not conforming with the orders of the court, as well as being charged with Contempt of Court.
As a Non-Custodial Parent, if you do not follow the visitation schedule, it will demonstrate to the court that you have no real interest to see your child. The court could dismiss the visitation schedule altogether, as well as fine you for non-compliance with the Court Order.
In events where visitation is missed for good reason, evidence may be presented (i.e. Medical Certificate) to ensure a compensatory visit is arranged.
Unfortunately, in some cases, the other party (and their accomplices) attempt to use these moments made possible by the courts for the other parent (and their families) to bond with their child/children. We recently tweeted about this, and the tweet was followed up by a news channel (video below).
If you are a victim of this, simply report the incident in court, and the nearest police station to the court. If you need assistance in such matters, please always feel free to approach us.
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Courts usually schedule weekly or fortnightly visits, however, this can be enhanced or curtailed depending on the age of the child/children and the individual circumstances
Yes, they can. If the court doesn't allow it, then file an application before a higher court with this request.
Yes, they can. Grandparents have the full rights to visit their grandchildren and can apply for a visitation schedule also.
This can be controversial but is not an uncommon request. It would vary on a case-by-case basis.