A case about a child,
and the court it belongs to

What kind of case this is

A petition is filed and a judge decides. There is no office that settles this on a form, and no certificate that ends it.

Custody of children, the visitation rights of parents to meet them, and guardianship are all matters the family courts hear. Those courts have exclusive jurisdiction over them, which means no other court takes them.

It is the same court that hears a khula. If a suit to end the marriage is already running, a claim about custody and visitation can be made in that same suit instead of as a separate case. Ask whether that fits yours.

Khula, step by step

Three things that are often run together

1. Custody

   Who the child lives with.

2. Visitation

   The right of the other parent to meet the child. It is named separately from custody, and it is decided as its own question.

3. Guardianship

   Standing to act for the child. It comes in two kinds, guardianship of the child and guardianship of the child’s property, and they do not have to sit in the same place.

Where the case belongs

The place follows the child. An application about guardianship of the child goes to the court for the place where the child ordinarily lives.

A case about the child’s property works differently. It can go either to the court for the place where the child ordinarily lives, or to the court for the place where the property is. Filed anywhere else, it can be sent back.

Where the child ordinarily lives is not a background detail. It has to be stated in the petition itself, along with the child’s name, age and religion.

And a family court sits only within the district it was set up for. So the answer to where the child lives is the answer to which building the case is heard in.

What it means that you are abroad

Your own address does not move the case. If the child lives in Pakistan, the case is in Pakistan, in the district where the child lives, whatever passport you hold and wherever you pay rent.

The special courts set up for Pakistanis living abroad were created for property disputes. Ask whether they have anything to do with a case about a child.

Someone has to act for you there. A power of attorney is what lets them, and it has to say what they may do.

How a power of attorney is signed and attested

How a parent outside Pakistan takes part is not fixed by the Act itself. It comes from the rules and from the court hearing the case. Ask what is expected of you in person, and when, before you plan around it.