How are custody orders enforced in Pakistan?

 Child Custody Laws in Pakistan disputes often culminate in a formal custody order issued by a court. This order sets out which parent or guardian is responsible for the physical custody and welfare of the child and may also include visitation rights for the non-custodial parent. While obtaining a custody order is a major legal milestone, its enforcement is equally important. In Pakistan, various legal mechanisms are in place to ensure that custody orders are followed. However, enforcement can sometimes become complex due to non-compliance, resistance, or emotional manipulation.

This article outlines how custody orders are enforced in Pakistan, what happens when a parent disobeys an order, and what legal remedies are available to the aggrieved party.

Legal Framework Governing Custody

In Pakistan, child custody matters fall under the Guardian and Wards Act, 1890. This law governs the appointment of guardians and the regulation of their powers, duties, and obligations. After evaluating the best interest of the child, courts issue custody orders that are legally binding on both parties. These orders specify the type of custody—temporary, permanent, or interim—and may also regulate visitation schedules, schooling decisions, medical care, and other aspects of the child's welfare.

Once a custody order is passed, both parents are expected to comply. If either party violates the terms, the law provides specific remedies to enforce the order.

Modes of Enforcement of Custody Orders

1. Execution Proceedings

If a parent refuses to return the child or violates the custody arrangement, the other parent can file execution proceedings under Section 25 of the Guardian and Wards Act. The aggrieved parent approaches the Guardian Court (Family Court), seeking enforcement of the original custody order.

The court will issue a notice to the non-compliant parent, requiring them to appear and explain their conduct. If the parent fails to comply or justify their actions, the court may pass an order for the forcible recovery of the child, often through the local police.

2. Police Assistance

In serious cases of non-compliance, especially where the child is wrongfully retained, the court may direct the local police to assist in recovering the child. This is typically done through a "Recovery Order", which authorizes the police to trace and hand over the child to the custodial parent.

Police involvement is considered a last resort and is generally used when a parent is in contempt of court or actively obstructing the enforcement process. Courts remain cautious when involving police, especially to avoid traumatizing the child.

3. Contempt of Court Proceedings

If a parent willfully disobeys a custody order, they may be charged with contempt of court under the Contempt of Court Ordinance, 2003. This is a serious offense and can result in fines, imprisonment, or both.

Contempt proceedings serve as a deterrent against repeated violations of custody orders. The court may also review and modify custody arrangements if one parent’s repeated defiance is considered harmful to the child’s well-being.

Non-Compliance with Visitation Orders

Custody orders often include visitation rights for the non-custodial parent. If these rights are denied without a valid reason, the aggrieved parent may file an application with the court for enforcement.

• The court can re-schedule missed visitations or increase visitation time to make up for lost access.

• If a custodial parent habitually obstructs visitation, the court may reconsider custody arrangements, especially if it determines that the child is being alienated from the other parent.

Cross-District or Cross-Border Enforcement

In cases where a parent unlawfully removes the child from the district or even out of the country, additional legal measures may be required:

• Inter-district recovery is managed through coordination between courts and police authorities in different regions.

• If the child is taken abroad without consent, international legal remedies like Interpol alerts or mutual legal assistance (MLA) mechanisms may be invoked, although Pakistan is not a signatory to the Child Custody Laws in Lahore Hague Convention on Child Abduction, making international enforcement more challenging.

Child Welfare and Enforcement

The central principle guiding enforcement is the welfare of the child. Courts will not enforce custody mechanically; they will assess whether enforcement would benefit or harm the child. For example:

• If a child refuses to go with the custodial parent due to fear or emotional attachment, the court may order counseling or therapeutic intervention before proceeding with enforcement.

• In rare cases, if the child is of mature age (usually above 12), courts may take their preference into account.

Challenges in Enforcement

Despite the legal mechanisms available, enforcement of custody orders in Pakistan can face practical obstacles:

1. Delays in Court Proceedings: Execution and contempt proceedings can be time-consuming.

2. Police Reluctance: Police may be hesitant to get involved in family matters unless specifically ordered by the court.

3. Emotional Manipulation: One parent may manipulate the child emotionally to resist enforcement.

4. Lack of Awareness: Many parents are unaware of their right to seek enforcement.

   
   

Conclusion

Enforcing custody orders in Pakistan is essential to uphold the rule of law and protect the rights and welfare of children. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. The legal system provides a range of remedies, from execution proceedings and police assistance to contempt of court actions. While enforcement can sometimes be emotionally and practically challenging, courts take a child-centric approach, ensuring that enforcement serves the best interests of the child. With greater legal awareness and improved access to justice, the enforcement of custody orders in Pakistan can become more efficient, consistent, and compassionate.