LAHORE: Divorce or khula does not automatically determine which parent will receive custody of a child, according to Advocate Khurram Shahbaz Malhi, commonly known as Advocate Shahbaz Malhi.

Speaking about common misunderstandings surrounding family cases, the Lahore-based Advocate High Court said many parents assume that custody automatically transfers to the mother after divorce or that the father, being the natural guardian, will necessarily receive custody.

Neither parent receives custody merely on the basis of their relationship with the child. The Family Court's primary consideration is the welfare and best interests of the minor.

Malhi is the founder of Malhi Law Associates.

Welfare of the minor remains decisive

Child custody and visitation matters fall within the jurisdiction of Family Courts under section 5 read with the Schedule to the Punjab Family Courts Act, 1964. Section 17 of the Guardians and Wards Act, 1890 requires the court to consider factors including the child's age, the character and capacity of the proposed guardian, the existing relationship with the child and, where the child is mature enough, the child's own preference.

According to Malhi, financial strength alone does not decide custody.

The court examines who has been caring for the child, the safety and stability of the home, education, health, emotional attachment and the conduct of both parents. A less wealthy parent may still receive custody if the overall environment is better for the child.

Visitation rights continue

He added that the non-custodial parent does not lose all parental rights. A father or mother who does not have physical custody may seek visitation rights, including regular meetings, holiday access, telephone calls or video contact.

Where an existing visitation order is repeatedly violated, the affected parent may approach the Family Court for enforcement or modification of the arrangement.

Why force can damage a custody case

Malhi warned parents against forcibly removing a child from the other parent.

Taking the child by force, concealing the child or deliberately disobeying a court order can seriously damage a parent's case. The proper course is to approach the competent court and seek custody, interim custody, visitation or recovery through lawful proceedings.

Travel, relocation and documents

Custody disputes can become more complicated when one parent intends to take the child abroad. Depending upon existing orders and the guardianship position, court permission may be required for relocation, passports, immigration, overseas education or international travel.

Parents approaching a child custody lawyer in Lahore should ordinarily preserve the child's B-Form, birth certificate, school and medical records, proof of residence, previous court orders and any evidence relevant to the child's welfare.

Malhi said custody litigation should not be treated as a contest between former spouses.

A child is not a prize to be won against the other parent. The purpose of custody proceedings is to secure a safe, stable and beneficial arrangement for the child while protecting the lawful rights of both parents.

Advocate Khurram Shahbaz Malhi is an Advocate High Court and founder of Malhi Law Associates. His practice includes child custody, guardianship, visitation, khula, maintenance and other family disputes. His Lahore office is situated on Court Street, Lower Mall, near the Guardian and Family Courts.