Custody and Hizanat
Applications for custody of a minor, in which the court's governing consideration is the welfare of the child rather than the preference of either parent.
Practice
Child Custody & Mulaqat
Custody and guardianship proceedings under the Guardians and Wards Act, 1890, conducted with the welfare of the minor as the governing idea.
Distinction
Custody and guardianship are not the same
Custody concerns the day-to-day care of the child — with whom the child lives and who attends to their daily needs. Guardianship concerns legal authority over the person or property of the minor, such as consenting to travel, operating an account or dealing with the child's property. One parent may hold custody while another remains guardian, and each is dealt with by the court on its own considerations.
Desks
Where the custody work sits
Guardianship certificates
Appointment of a guardian of the person or property of a minor under the Guardians and Wards Act, 1890, including certificates required by institutions.
Mulaqat (visitation)
Structured visitation schedules, including venue, frequency and holiday arrangements, and applications where an existing schedule is being frustrated.
Child maintenance
Maintenance for the minor, interim orders while proceedings continue, and execution where payment is not made.
Unlawful removal and recovery
Recovery of a minor removed without authority, in outline. Steps depend closely on the facts and on the orders already in force.
Cross-border issues
Travel restrictions and Exit Control List concepts are addressed at a general level where a minor may be taken abroad. This is not guidance for removing a child.
Questions
Frequently asked
What does 'welfare of the minor' mean in practice?
The court looks at the child's age, health, schooling, stability, the care actually being provided and the arrangements each parent can offer. No single factor decides the matter.
Is custody automatically given to the mother?
Hizanat recognises the mother's right to custody during certain years of a child's life, but it is not absolute. The court still decides according to the welfare of the minor.
Can a visitation schedule be changed?
Yes. Schedules can be varied on application where circumstances change, or where the existing arrangement is not workable for the child.
What if the other parent refuses Mulaqat?
An application can be made to the court which passed the order, and the order can be pressed through the court's process rather than through confrontation.
Does custody include the right to take the child abroad?
Not by itself. Travel usually requires the guardian's consent or the court's permission, and travel restrictions may be sought where there is a genuine risk of removal.
How long do custody proceedings take?
It depends on the forum, the issues and whether interim arrangements are agreed. Interim custody or visitation is often addressed well before final decision.