What to do if father kidnaps the child

A father cannot kidnap his child because he is a natural guardian. Similarly a mother cannot kidnap her child because she is a natural guardian. So in the absence of any court proceedings if a father takes away his child, a criminal case cannot be registered against him.

If there is a fear that any person has illegally confined the child and he/she may cause any harm to the minor child then the best remedy is to file Habeas Corpus petition. Similarly if during the court proceedings such incident happens, then a petition for issuance of section 100 warrants can also be filed in the Trial Court of Guardian/Family Judge.

If a court orders the custody or guardianship of child in the favor of one parents and the other violates such court order, then contempt of court proceedings can be initiated against such person. Also the above mentioned remedies can be availed in such circumstances.

For more queries regarding guardianship or custody you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Grandmother takes the position of Father in his absence

When father of child dies, becomes incapable of custody or is outside Pakistan, Grandmother takes the place of father of child. According to the Guardians and Wards Act 1890 she stands no where. However according to Islamic law and the settled principles of superior courts of Pakistan she has rights.

In such like circumstances mother has the first right of custody of child. After mother the maternal grandmother holds the legal right of custody. After maternal grandmother the paternal grandmother can be the guardian of child. However if the real mother and real maternal grandmother are not ineligible to look after the child in any manner then the paternal grandmother will never be given custody of the child.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880