Visitation Rights

Visitation Rights of Non-Custodial Parents

Visitation rights are important for a parent who does not have custody of their child, whether after divorce or separation.

This guide explains the visitation rights of non-custodial parents in Pakistan, how these rights are protected under the law, and provides advice on handling parental alienation as both a legal and psychological matter.

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Who Are Non-Custodial Parents?

After a marriage ends through divorce, khula, or any other legal process, children usually live with one parent. The parent who does not have custody is called the non-custodial parent.

Typically, sons under 7 years and daughters under 14 years live with their mother.
In special cases, custody can be given to the father or another guardian deemed more suitable by the family court.

Who Is a Minor?

A minor is a person who is under 18 years old, according to the Majority Act of 1875 (IX of 1875).

Who Are Considered Parents?

Parents include the mother, father, grandmother, or grandfather, whether maternal or paternal.

Visitation Rights Under Principles of Mahomedan Law by D.F. Mulla

Pakistan, as an Islamic state under the Constitution of 1973, follows Islamic laws for family matters.

According to D.F. Mulla:

Custody of young children (Hizanat) is primarily granted to the mother.
Sons under 7 years and daughters under 14 years (or until reaching puberty) usually stay with their mother.
The father or non-custodial parent has the right to visit and meet the children, provided it does not pose any danger to their welfare.

Visitation Rights Under Pakistani Law

Visitation rights are a key concern for non-custodial parents. While there is no fixed visitation schedule, Pakistani law provides legal frameworks to ensure that non-custodial parents can meet their children.

Key Legal Provisions:

The Guardian and Wards Act, 1890

This is the main law allowing non-custodial parents to request visitation with minor children.
Although the Act does not specifically mention visitation, courts interpret it in favor of non-custodial parents.
Parents can file under Section 7 for guardianship and Section 12 to request production of the minor in court.
After hearings, the court may fix an interim visitation schedule in the child’s best interest.

The West Pakistan Family Court Act, 1964

This Act officially recognized visitation rights for non-custodial parents.
Parents can file suits specifically for a visitation schedule in Family Courts, separate from custody petitions.

The West Pakistan Family Court Rules, 1965

These rules guide Family Courts in handling visitation matters.
Courts act as loco parentis, focusing on the welfare of the minor, balancing the rights of both parents and the child.

Procedure for Filing a Visitation Case in Pakistan

Non-custodial parents who wish to secure visitation rights can file a case under the Guardian and Wards Act, 1890.

Steps to File a Visitation Case:

Filing the Application:

The parent can file a Section 12 application (Power to Make Interlocutory Orders) requesting the production of the minor in court.
This can be filed independently, without requesting custody or guardianship.

Court Hearing:

Once the child is produced in court, the welfare of the minor is considered.
The court can then set a visitation schedule for the non-custodial parent.

Documents Required:

CNIC or Passport of the parent
Birth certificate of the minor
Marriage registration certificate
Special Power of Attorney (if applying remotely or through an agent)
Any additional documents that support the case

Conclusion:
The Section 12 application is the main legal mechanism in Pakistan for arranging and formalizing a visitation schedule for non-custodial parents.

Online Visitation for Overseas Parents

Overseas parents, especially non-custodial fathers, can now stay connected with their minor children living in Pakistan through video calls and online platforms. Courts recognize the importance of maintaining contact and may allow online visitation in the child’s best interest. This helps prevent parental alienation and ensures the child maintains a strong relationship with both parents.

At Moiz Law Firm, we help overseas Pakistani parents exercise their visitation rights online using video calls and the e-court system, making it easier to stay involved in their child’s life despite geographical distance.

Filing an Online Visitation Case via Special Power of Attorney

Overseas parents can file a visitation case and request online meetings through a Special Power of Attorney (POA). The POA must be attested by the relevant Pakistani consulate or embassy. Once filed, the court can authorize online visitation in accordance with the child’s welfare.

Factors Considered by Family Courts When Granting Visitation Rights

When granting visitation rights to non-custodial parents, Family Courts in Pakistan carefully consider the welfare of the minor. Key factors include:

Age and Gender of the Minor – Ensuring appropriate arrangements for visits.
Health and Safety – Protecting the child’s physical and emotional well-being.
Minor’s Comfort – Considering how comfortable the child is with the non-custodial parent.
Parent-Child Bonding – Preserving the relationship between the child and the non-custodial parent.
Maintenance Payment – Whether the non-custodial parent, especially the father, is providing financial support.

The court always prioritizes the best interests of the child while granting visitation schedules.

Parental Alienation Syndrome and the Role of Family Courts in Pakistan

Parental Alienation Syndrome (PAS) occurs when a minor’s parents are separated and one parent has custody, preventing the child from regularly meeting the non-custodial parent. This can have serious psychological effects on the child.

Recognized by the World Health Organization (ICD-11), PAS can negatively impact a child’s mental and physical health.

In Pakistan, Family Courts take parental alienation into account when granting visitation rights or arranging a visitation schedule, ensuring that the child maintains a healthy relationship with both parents and prioritizing the child’s overall welfare.

Sample Proposed Visitation Schedule

While there is no fixed legal provision for visitation schedules, Family Courts in Pakistan design them based on the welfare of the child. At Moiz Law Firm, we recommend a schedule that ensures the best interests of the minor while maintaining equal rights for both parents.

Suggested Annual Interim Visitation Schedule (50% Time with Non-Custodial Parent)

Weekly Visits: Overnight stays each weekend with the non-custodial parent.
Festive Visits: At least two overnight stays during major religious occasions, including Eid-ul-Fitr, Eid-ul-Azha, Eid-Milad-un-Nabi, and Moharram.
School Vacations: Half of summer, winter, and spring breaks, plus all gazetted holidays, shared equally.
Health and Care: The non-custodial parent should be informed if the child falls ill and has priority to care for the child if the custodial parent is unavailable.
Academic and Medical Access: The non-custodial parent can access school information, reports, medical records, and monitor the child’s physical, mental, and religious development.
Special Occasions: Time for the child’s birthday and birthdays of close family members (paternal grandparents, uncles, and cousins).
Penal Clause: If a parent obstructs the visitation schedule without reasonable justification, they may be penalized, and temporary custody may be granted to the other parent.
School Involvement: Monthly school visits, parent-teacher meetings, and participation in school ceremonies to monitor the child’s academic progress.

This structured visitation schedule supports the child’s upbringing, ensures equal parental involvement, and safeguards the minor’s overall welfare.

Important Case Law on Visitation and Custody

In 2023 CLC 2110, the court held that the welfare of the minor is the top priority when deciding custody and visitation schedules.

Key points from the judgment:

Short or rushed meetings at the court premises should be avoided, as they limit bonding between the child and the non-custodial parent.
Courts must ensure adequate interaction time to foster a healthy parent-child relationship.
Proper visitation schedules are essential to prevent long-term negative effects on the child’s emotional and psychological development.

This case reinforces that visitation is not just a legal formality but a crucial factor in the child’s well-being.

Conclusion

Visitation rights allow non-custodial parents, including those living abroad, to stay connected with their children. Pakistani family laws, including the Guardian and Wards Act and the Family Court Act, protect these rights. With modern technology, online visitations make it possible to overcome geographical barriers.

At Moiz Law Firm, we help parents secure their visitation rights while ensuring the child’s best interests and well-being are prioritized.

Disclaimer: The information provided here is for public awareness only and does not constitute legal advice. For personalized guidance or assistance with family law matters, please contact our experienced lawyers in Pakistan. We are here to provide tailored legal solutions.

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