What factors does the court consider?

How are child visitation rights scheduled?

In A Supreme Court Ruling (2019). The non-custodial parent is given half of all school holidays, Alternative weekends and gazetted government holidays, as well as birthdays.

If you have been given a simple visitation schedule for your child, you can always challenge the Visitation Schedule given. If it’s awarded from Session Court (Family Court or Guardian Court) you may approach Additional Sessions Court.

If you still are not satisfied with their Judgement you can approach High Court. Finally, if the aforementioned doesn’t serve justice, you may even go to the Supreme Court.

What do these legal terms mean?

Child Custody :

Refers to the Physical Custody of where the Child stays. As a child (or children) cannot be in two places at once, Custody is awarded to one parent (Who becomes the Custodial Parent). The essence of custody is to grant the power to either parents or both of them to make decisions for the child.

Sole custody

Means that one parent makes the major decisions about matters such as the child’s education, religion and health care. Generally, the child will live primarily with this person. Joint custody means that both parents have legal custody of the child and make major decisions about the child together.

Joint Custody:

Where the two parents attempt to share almost equal time with the minor, to prevent alienation of the child from either parent or their extended families.

Hizanat:

The word “Hizanat” or “Hidanat” (as pronounced by the Asians and the Arabs respectively) is used for custody of minors by mother. Word “Hizanat” in its literal sense means “upbringing”.

Wallayat:

It is a term used for custody of minors by father

Guardianship:

refers to the authority awarded to an individual (who becomes the Guardian) to take decisions on behalf of the minor (child)

Parental alienation

Describes a process through which a child becomes estranged from a parent as the result of the psychological manipulation of another parent. The child’s estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties.

Court order

Means a decision by a judge that is written down. Parents must follow what the court order says. Court orders can be changed by going back to the judge and asking for a change, but only if there is a good reason