Custody

The right to have the child physically reside with a parent or guardian; includes day-to-day care and supervision.

Guardianship

Legal authority to make major decisions about a child’s life — such as education, healthcare, religion, and property — under the Guardians and Wards Act, 1890.

Interim Custody

Temporary custody granted by the court while the final decision in a guardianship or custody case is pending.

Visitation Rights

Scheduled time granted to the non-custodial parent to meet the child, usually regulated by the court. May be supervised or unsupervised.

Access

Another term for visitation, often used in practice; refers to the ability of the non-custodial parent to maintain contact with the child.

Welfare of the Minor

The paramount legal standard in all custody and guardianship matters. Courts are required to base their decisions on what best serves the child’s moral, emotional, physical, and educational needs.

Hizanat

A principle from Islamic jurisprudence, often cited in personal law, that refers to the mother’s preferential right to custody of young children, especially sons under 7 and daughters until puberty, unless ruled otherwise by the court.

Non-Custodial Parent

The parent who does not have physical custody of the child but may have visitation rights or legal guardianship.

Guardians and Wards Act, 1890 (GWA)

The primary legal framework in Pakistan that governs appointment of guardians, custody disputes, and the welfare of minors.

Natural Guardian

In Islamic and Pakistani law, the father is considered the natural guardian of the person and property of the minor, unless proven unfit.

Guardian ad Litem

A court-appointed guardian who represents the best interest of the child during litigation. Usually a lawyer or officer of the court.

Supervised Visitation

Meetings between the child and the non-custodial parent take place in the presence of a third party or at a designated location like a courtroom or visitation center.

Best Interests of the Child

A legal principle that overrides all parental rights — courts prioritize the child’s emotional, physical, moral, and educational needs over technical legal claims.

Parental Alienation

A situation where one parent deliberately damages the child’s relationship with the other parent, often through manipulation or obstruction of contact.

Interim Orders

Temporary decisions made by the court (such as interim custody or visitation) that remain in effect until a final judgment is passed.

Fit Parent

A parent deemed capable of caring for the child’s physical and emotional needs. A parent can be denied custody if found “unfit” due to neglect, abuse, or instability.

Modification Petition

A legal request to change an existing custody or visitation order, often filed if circumstances have changed significantly (e.g., child's age, relocation, schooling).

Wilayat

An Arabic term meaning guardianship. In Islamic law and Pakistani legal context, wilayat refers to the father’s natural and legal authority (as wali) over the person and property of a minor. This includes decision-making in areas like education, healthcare, marriage (for daughters), and financial matters. While custody (hizanat) may be granted to the mother, wilayat remains with the father by default unless the court finds him unfit or appoints another guardian under the Guardians and Wards Act, 1890.