06/03/2026
Good News for Parents Facing Child Custody Issues
A positive development has emerged with the proposed Guardians and Wards (Amendment) Bill 2023, which aims to update the old Guardians and Wards Act, 1890 and better protect the rights of parents—especially fathers who do not have custody of their children.
Key Positive Changes
1️⃣ Immediate Interim Custody / Visitation Orders
Under the proposed amendment to Section 12, courts will be required to issue an interim visitation order during the very first hearing of a custody case.
This means:
Fathers will be able to meet their children sooner instead of waiting months.
Home visitation rights may be granted so that the parent can spend time with the child in a more natural and comfortable environment.
This applies to children of all ages, even during early childhood.
👉 This change helps prevent long separations between a parent and child during ongoing court cases.
2️⃣ Stronger Penalties for Violating Court Orders
The amendment also updates the outdated penalties in Section 45.
Old fines from 1890 were extremely small. The bill proposes increasing them to:
Rs. 100 → Rs. 10,000
Rs. 10 → Rs. 5,000
👉 These stronger penalties are intended to discourage parents from ignoring court orders related to child custody or visitation.
Why This Bill Matters
The amendment recognizes that:
The law from 1890 is outdated for modern family disputes.
Many children lose contact with one parent during custody battles.
Court visitation rooms are often uncomfortable and stressful for children.
Children can suffer emotional distress when separated from a parent for long periods.
Core Objective
The Guardians and Wards (Amendment) Bill 2023 aims to:
✔ Modernize Pakistan’s child custody procedures
✔ Protect the emotional bond between children and both parents
✔ Ensure non-custodial parents, especially fathers, maintain meaningful contact with their children
Bottom Line
For many parents struggling in custody disputes, this bill represents hope for fairer visitation rights and quicker access to their children, which ultimately supports the best emotional interests of the child.
