Visitation Rights of Non-Custodial Parents in Pakistan
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At a Glance
- Visitation can be filed as a standalone case — no custody or guardianship claim required.
- Overseas parents can file and pursue the entire case through a Special Power of Attorney, without traveling to Pakistan.
- LEX pioneered online visitation in Pakistan — video-call meetings through the e-Court system are now court-recognized.
- Grandparents can legally seek visitation rights too, not just parents.
- In case of non-compliance of the visitation order, the child can be recovered with police assistance under Section 100 Cr.P.C.
Who is a Non-Custodial Parent?
The parent who does not have custody of the minor child is a non-custodial parent.
In General, the son, at the age of 7, and the daughter, at the age of 14, would live with their mother, but in exceptional circumstances, custody can be given to the father or someone else who is more appropriate in the eyes of the family court. In this case, the parent who does not have custody would be called a non-custodial parent.
Who Is a Minor?
Minor means a person who, under the provisions of the Majority Act of 1875 (IX of 1875), is to be deemed not to have attained his majority, i.e., who is under 18 years old.
Who Can File for Visitation Rights in Pakistan?
A non-custodial parent i.e., the parent who does not have the custody of the minor child can file for visitation rights in Pakistan. Father, mother, grandmother, or grandfather, whether maternal or paternal falls within the definition of a parent.
Visitation rights are not limited to biological parents, court can take a broader view considering the welfare of minor child. In some circumstances, close family member with a genuine bond to the child, can file for visitation in Family Court to formalize access.
Grandparents can file for visitation rights
Grandparents, whether maternal or paternal, can also file for visitation rights. In case titled as Sarosh Sikander vs. Guardian Judge cited as 2021 YLR 1989, the Lahore High Court held that the term “parent,” as used in the Family Courts Act, is not confined to its literal meaning, particularly since a grandchild is legally entitled to inherit from grandparents.
Documents Required for Filing a Visitation Case in Pakistan
- CNIC or Passport as identity proof.
- Birth certificate of minor or any other identity document.
- Marriage registration certificate (if and when required).
- Special power of attorney (in case of online meeting case).
- Any document that makes the case stronger.
How to File for Visitation Rights in Pakistan
A parent who does not have the physical custody of the child is a non-custodial parent, and in Pakistan it is mostly the father because commonly mothers retain custody of minors under the principles of Hizanat. To seek visitation rights in Pakistan, it is optional and not mandatory to file for guardianship or permanent custody along with it. An application for visitation rights can be filed as a standalone application. The process is more accessible than a parent may presume. Below is the step-by-step guide:
File an Application Under Section 12 of the Guardian and Wards Act, 1890:
The application is filed before the Family Court of competent jurisdiction, which, in visitation cases, is the Family Court where the minor resides. In this application, the relief sought is limited and focused only on seeking access to, production of, and temporary meetings with the minor, rather than full custody or guardianship
Attach the Required Documents:
Following documents may be required but each case has its own requirements;
- CNIC of the applicant
- Minor’s birth certificate or B-Form
- Proof of relationship with Minor (if, and, where applicable)
- Custody, Guardianship or divorce decree if obtained may place on record.
If the non-custodial parent is overseas:
An overseas non-custodial parent who is filing the case through a Special Power of Attorney (SPA), authorizing a representative to file and pursue the visitation case on their behalf, must, in addition to the other documents, provide the SPA. The overseas parent’s presence will only be required for video-call visitation. Learn more about appointing a Special Power of Attorney.
Court Issues Notice to the Custodial Parent:
The custodial parent, who is the respondent to the application, will be served with a notice and summoned to appear before the Court to respond to the application.
Written Reply From the Respondent:
The respondent, i.e., the custodial parent, is given a chance to contest the application and submit their written response to the application.
Hearing of Parties
The Court, under the principle of audi alteram partem, will hear both parties. However, the only consideration for the Court is the welfare of the minor. Neither parent’s personal preference nor convenience carries any weight. If the non-custodial parent is not in default or has not disentitled themselves under any Court decision, the Courts mostly allow visitation in the interest of the welfare of the minor because it reduces the risk of parental alienation syndrome.
Visitation schedule and Parcha Mulaqat:
Once the Court is satisfied, it chalks out a visitation schedule for the whole year, known as the meeting schedule, while disposing of the visitation application. The meeting schedule has fixed days, times, venue, occasional meetings, and modes of meeting. A sample schedule is also available in this article. For overseas or non-resident parents, the hybrid nature of the visitation schedule also includes online video calls or online meetings in place of, or alongside, physical meetings.
Compliance Through the Visitation Court and Continuance of Parcha Mulaqat
The order from the Family Court chalking out a meeting schedule does not, by itself, put a parent in a room with their child. The order needs to be executed. Once issued, the order is moved to the executing Courts, commonly known as visitation Courts. For example, in Lahore, Pakistan, there are specific visitation Courts that work in the evening so that the routine of the minor is not affected in cases where the child is school-going. This is where the meetings happen, and the custodial parent is required to produce the child. In districts where separate visitation Courts are not established, the Family Court may execute its orders in the same Court. Visitation in evening Courts is subject to availability.
If the Custodial Parent Still Does Not Comply:
In cases where the custodial parent does not comply with the order and does not produce the child for visitation as scheduled, the Court first issues bailable warrants against the non-compliant parent. In case of default, it is escalated to non-bailable warrants. When the custodial parent continues to evade meetings, the Court issues warrants under Section 100 of the Cr.P.C. and seeks police assistance to recover the child for the purpose of visitation. Non-compliance with meeting orders can be fatal to the custodial parent, as it may result in disentitlement from permanent custody.
Online Visitation for Overseas Parents
Non-custodial parents, particularly overseas Pakistani fathers, who were previously deprived of meeting their minor children living in Pakistan due to geographical limitations, are now able to stay connected. With advancements in technology, it is now possible for non-custodial parents to meet their children via video calls. The courts ensure that the parent maintains contact with their child even through video calls. This is in the best interest of the child, helping to prevent parental alienation syndrome by allowing the child to know their non-custodial parent. At LEX, we are proud to be pioneers in advocating online visitation rights, enabling overseas Pakistani fathers to enjoy their visitation rights through video calls and the e-court system.
Online Visitation Case Through a Special Power of Attorney
An overseas parent can file a suit for visitation and online meetings with a minor child through a special power of attorney duly attested by a concerned consulate or embassy, as the case may be. (learn more about special power of attorney)
Co-Parenting in Pakistan: How Courts Are Encouraging It
The most ideal situation for the welfare of the child is one where, despite the separation or divorce of the parents, or the death of a parent and transfer of custody to a grandparent, co-parenting is maintained. It is very common in practice, yet very difficult to achieve because parents often prioritize their ego instead of prioritizing their child’s welfare. However, the concept of co-parenting is now evolving in Pakistan, and the Courts are also encouraging it. In a recent case Khurrum Javed vs Ahmed Bilal (2026 PLD 118 SC), the Supreme Court made a remarkable judgment.
The matter was contested between a custodial grandparent and a non-custodial biological father through the Guardian Court, Appellate Court, High Court, and finally reached the Supreme Court. Each forum reached different conclusions.
When the dispute reached the Supreme Court, rather than issuing a ruling, the Court referred the parties to mediation. As a result, the mediation succeeded, and a settlement was reached, including custody, visitation, educational arrangements, and future cooperation between the father and grandmother. The Court formalized the settlement while disposing of the petition on agreed terms.
The case is of significant value because the Supreme Court encouraged a co-parenting model achieved through mediation for the welfare of the child. In short, co-parenting is always advisable and a sensible choice, and it can be settled at any stage. LEX always offers mediation services for the formal settlement of custody, guardianship, and visitation cases.
Aspects that The Family Court Considered While Granting Visitation Rights to Non-Custodian Parents
- Age and Gender of the minor.
- Health and safety of the Minor.
- Minor’s well-being and welfare.
- The child’s comfort level with the non-custodial parent or the applicant.
- Bonding of the children with the non-custodial parent or the applicant.
- Take into consideration whether the non-custodial parent, if a father, is paying maintenance allowance or not.
Parental Alienation Syndrome and Role of Family Court in Pakistan
Parental alienation syndrome is a psychological effect that occurs when the parents of the minors are separated and one parent holds the custody of the minor. Not meeting with the non-custodial parent affects the minor psychology.
Parental alienation is recognized as a search/index term in the WHO’s International Classification of Diseases (ICD-11), linked to the diagnosis of “caregiver-child relationship problem,” giving it international clinical acknowledgment even though it is not itself a standalone diagnosis.
In case titled as Madad Khan vs. Mst. Samiya Nisar (2025 PLD 201 Peshawar High Court), a Family Court had refused to enforce an existing visitation schedule in favour of father because of the reason that the child was reluctant to meet his father. The Appellate Court reinstated the visitation rights, and the High Court upheld that decision.
The High Court held that the child’s welfare remains the paramount consideration, but a right to meeting of a non-custodial parent cannot be refused merely because the child is reluctant. Denying visitation rights risks emotional deprivation of child and may lead to parental alienation syndrome. Even if there are genuine concerns regarding the child welfare, the solution is not refusal but the imposition of conditions such as supervised visits.
In case titled as Fayyaz-ul-Hassan Anwar vs Mst. Shehla Khalid (2025 CLC 960 Lahore High Court) there is a similar story from a different angle. An appellate court had turned down a right of overnight stay of a father with her daughter.
The Lahore High Court restored that right. The logic was that a few hours of supervised meeting inside court premises is not enough for a child and a non-custodial parent to build a bond. Children who do not get a quality time with a non-custodial parent slowly forget them or starts to dislike them. This is in actual is a parental alienation syndrome in practice.
This syndrome has severe consequences on the mental and physical health of the child. The Family courts in Pakistan also consider the facts of Parental alienation while granting visitation rights or chalking out the visitation schedule.
Sample of Proposed Visitation Schedule
The visitation schedule is not made under any specific provision. Still, the court uses its judicial mind to view the minor’s welfare and make the visitation schedule. However, we, family lawyers at LEX, always recommend and request court on a visitation schedule that is in the welfare of a child; a sample of our requests or proposed schedule is produced here;
Annual Interim Parenting Visitation Schedule for temporary custody of the minor at the ratio of 50% time of the calendar year is recommended that includes;
- An overnight stay each weekend.
- Every year, at least two overnight stays are made at the home of the non-custodial parent, such as on the eve of Eid-ul-Fitr, Eid-ul-Azha, Eid-Milad-un-Nabi, and Moharram Holidays.
- Half of the Summer / Winter / Spring Vacations, as well as all school vacations, must be shared equally.
- 50% of the time of all gazette holidays.
- Information to the Non-Custodial Parent if the child falls ill.
- If the custodial parent is unable to care for the child, the non-custodial parent should be given the priority right to do so.
- Access to the school and information, including the minor’s study reports and medical records. To keep track of his physical and mental health and religious training.
- A special time for days important to the child, including his birthday and birthdays of his paternal grandparents, uncles, and first cousins of the minor;
- A penal Clause may be included in which if any of the parents does not follow the meeting schedule or causes any kind of hindrance thereto without assigning any plausible justification, then the party contravening the schedule must be penalized to pay the cost for each such violation, and temporary custody of the minor children shall be handed over to the other party.
- The non-custodial parent shall be notified about the minor’s present school, allowed to visit the school once a month, and eligible to attend parent-teacher meetings and school ceremonies so that the non-custodial parent can assess the minor’s academic progress and performance.
This type of visitation schedule would be tremendously supportive of the child’s Upbringing and, of course, would contribute to the minor’s best welfare while ensuring equal rights for both parents.
Visitation Under Principles of Mahomedan Law by D.F Mulla
Under the Constitution of Pakistan of 1973, Pakistan is an Islamic state. Being an Islamic State, Pakistan follows Islamic laws. There are basic principles that are defined by D. F Mulla, the crux of which is hereunder.
- Custody of infants and young children is primarily granted to the children’s mother as a right of Hizanat. In these circumstances, a son below the age of 7 years and the daughter is below 14 years or reaches the age of puberty, stays with the mother.
- The father or the non-custodian parents would have the right to meet the children if otherwise proven dangerous.
Right of Visitation Under Pakistani Law
Visitation rights under Pakistani law are the major concern of non-custodial parents. No certain mechanism is provided regarding a visitation schedule; however, visitation rights are covered under three major enactments that ascertain the rights of the parents toward their children and the children toward their parents.
The Guardian and Wards Act, 1890:
This Act is the primary legal framework for non-custodial parents to secure meetings and visitation rights with their minor children. Although the Act does not have a specific section directly addressing visitation, courts have interpreted it in favor of non-custodian parents. Key sections that provide guidance are:
- The applicant seeks guardianship of the minor and along with a petition under Section 7 a separate application under Section 12 (Power to Make Interlocutory Orders) is been filed for the production of minor. The court then, will arrange a visitation schedule, considering the minor’s welfare.
- In this section, the applicant requests physical custody of the minor. Similarly, an application under Section 12 must be filed to produce the minor in court. After the hearing, the court can fix a interim or chalk out a visitation schedule.
Commonly, an application under section 12 of the Act is the one under which the visitation schedule is chalked out.
The West Pakistan Family Court Act. 1964:
The W.P Family Court Act of 1964 provides for the first time Visitation Rights after amendment in its first schedule of the Act. This was the first time that an act used the word Visitation Rights. After the recognition of Visitation Rights in the Act, the non-custodial parents have the right to file the suit only to the extent of the Visitation Schedule before the Family Court regarding the meeting with the minors. Before the amendment in the 1964 Act, one could only file a petition under the Guardian and Wards Act of 1890.
The West Pakistan Family Court Rules, 1965:
These are the rules that guide the Family Court regarding its procedure.
When a matter of visitation comes before the Family Courts of Pakistan, they gain the status of loco parentis and act for the welfare of the minor children. The rights of the parents towards their children sometimes amalgamate with the rights of the children in the welfare of the minors.
Important Case Law on Visitation Rights in Pakistan
Following are the important case laws regarding visitation rights of a non-custodial parent, and specially visitation rights of a father. Updated up to 2026.
Khurrum Javed vs Ahmed Bilal (2026 PLD 118 SC)
A disputed custody and visitation dispute between father and maternal grandmother was referred to mediation by the Supreme Court. The mediation was successful and a settlement was reached on custody, visitation and future cooperation which was formalised by the Court while disposing the case. The judgment endorsed the co-parenting model achieved through mediation as being in the welfare of the child.
Madad Khan vs Mst. Samiya Nisar (2025 PLD 201 Peshawar High Court)
A Family Court had refused to enforce an existing visitation schedule on the ground that the child did not want to meet his father. High Court held that a non-custodial parent’s right of visitation cannot be denied merely because child is reluctant and real welfare concerns should be addressed by conditions like supervised visits and not refusal.
Fayyaz-ul-Hassan Anwar vs Mst. Shehla Khalid (2025 CLC 960 Lahore High Court)
Lahore High Court restored overnight-stay visitation rights of a father with his daughter which were removed by an appellate court, holding that brief, supervised meetings within the court premises are not enough for a child and a non-custodial parent to build a real bond and a proper schedule including overnight stays helps in preventing parental alienation syndrome.
Saima Nazir vs Guardian Judge (2023 PLD 433 Lahore High Court)
The Lahore High Court ruled that Family Courts have exclusive jurisdiction on matters concerning custody and visitation under the Family Courts Act, 1964. No other Court, including Guardian Judge acting in a different capacity, can decide these matters.
Mst. Fatima Zahra vs Muhammad Sheroz (2022 MLD 1506 Karachi High Court)
The High Court allowed a father’s visitation rights during vacations on the condition that the father shall also continue to pay maintenance for the child. This confirms that visitation rights can be conditional to non-custodial parent fulfilling their maintenance obligations.
Sarosh Sikander vs Guardian Judge (2021 YLR 1989 Lahore High Court)
The Lahore High Court held that the term “parent” as used in the Family Courts Act is not limited to its literal meaning and the application of the grandparent seeking visitation was maintainable. It was held that grandparents can seek visitation rights in appropriate circumstances.
2023 CLC 2110 (Lahore High Court)
The Court held that while deciding custody and visitation schedules, the welfare of the minor is paramount. Don’t have short meetings at the court because this makes bonding with the non-custodial parent impossible and the child may possibly look at that parent negatively. Good interaction time must be ensured to grow a healthy relationship.
Conclusion
Visitation rights in Pakistan provide a real, actionable opportunity for non-custodial parents, be they fathers, mothers or grandparents, to remain in contact with their children, whether they are in Pakistan or abroad.
The legal basis for these rights is found in the Guardian and Wards Act, 1890 and the Family Courts Act, 1964. Modern tools such as establishment of Evening Courts and video-call visitation ensure these rights are not merely on paper.
Moreover, courts are increasingly encouraging co-parenting through mediation, knowing that the best interests of a child are best served when both parents, or a parent and a grandparent, remain involved.
LEX assists non-custodial parents with filing for visitation, enforcing existing orders and, where circumstances permit, obtaining hybrid visitation arrangements for parents living abroad.
Submit Your Query
Frequently Asked Legal Questions
Who is called a non-custodial parent in Pakistan?
The parent who does not have custody of the child is the non-custodial parent.
Can visitation rights be granted for online meetings with children?
Yes, online meetings are doable in this modern age. Online visitation can be sought where the non-custodial parent is unable to meet the child in person, i.e., where the non-custodial parent is an overseas Pakistani.
What is the process for filing a visitation case in Pakistan?
- File application under Section 12, Guardian and Wards Act, 1890
- Attach required documents (CNIC, B-Form, Nikahnama, POA if overseas)
- Court issues notice to custodial parent
- Custodial parent files written reply
- Hearing of parties
- Court grants Parcha Mulaqat (visitation schedule)
- Move Parcha Mulaqat to Evening Court for compliance
- Non-compliance → bailable warrants → non-bailable warrants → Section 100 Cr.P.C. with police assistance
Can a parent apply for visitation without seeking custody?
Yes, visitation right can be sought independently as a standalone application without necessarily accompanying visitation rights with a guardianship or permanent custody claim.
Is it possible for overseas parents to arrange visitation through video calls?
Yes, visitation meetings may be arranged through video calls for the non-custodial parent residing abroad.
What are the legal grounds for visitation rights in Pakistan?
Legal ground for visitation rights is that the contact, access, and meeting with the child will serve in the best interest of the minor. For example, in the case of the visitation rights of a non-custodial father, visitation establishes a bond between the father and child, which is healthy for the child’s well-being.
How can a father get visitation rights in Pakistan?
A non-custodial father can obtain visitation rights in Pakistan by filing an application in the Family Court of competent jurisdiction. The application does not necessarily need to be accompanied by a guardianship or permanent custody claim; instead, it can be filed as a standalone application seeking visitation rights only.
What are the visitation rights of a mother in Pakistan?
In cases where the father has full and permanent custody, the mother has the same right to file for visitation as any non-custodial parent would. The Court does not differentiate based on which parent is seeking visitation; the welfare of the child remains the only test.
Do grandparents have visitation rights in Pakistan?
Yes. Grandparents, whether maternal or paternal, fall within the definition of a parent, and they can seek visitation rights and meetings with minor children. Even a standalone application seeking visitation by a grandparent is maintainable. Reliance is placed on 2021 YLR 1989.
What documents are required to apply for visitation rights in Pakistan?
- Applicant’s CNIC
- Minor’s B-Form or Birth Certificate
- Nikahnama (where relevant)
- Any existing custody or divorce decree (if and where relevant)
- Power of Attorney (where overseas parent is filing through online)
What is the typical visitation schedule allowed by Pakistani courts?
There is no fixed or prescribed meeting schedule. Courts have the discretion to chalk out schedules based on the circumstances and facts of each case. Courts always consider the child’s welfare while making meeting schedules.
Most commonly, however, meeting or visitation schedules include, but are not limited to, fortnightly meetings, occasional and vacation meetings such as on Eids and birthdays, and, for overseas Pakistanis, online video-call meetings.
What is supervised visitation and how a meeting can be supervised in Pakistan?
A supervised visitation is a meeting under the supervision of the Court. This is, in fact, the most common practice in Courts. A meeting in visitation or evening Courts, established specifically for the implementation of meeting schedules, is actually supervised in nature.
Meetings are typically supervised instead of allowing unrestricted access where there are genuine concerns about the child’s safety or well-being.
Can a visitation order be modified, and if so, how?
Yes, an existing visitation order or meeting schedule can be modified by filing an application before the same Family Court, describing the change in circumstances. The Court has power to modify, alter, or set aside an earlier visitation schedule at any subsequent stage.
What happens if a custodial parent violates a visitation order?
In cases of evading meetings and not bringing the child for visitation, the Court first issues bailable warrants and then non-bailable warrants if the absence continues. In persistent cases, the Court issues warrants under Section 100 Cr.P.C., along with police assistance to recover the child for visitation.
Can visitation disputes be resolved through mediation in Pakistan?
Yes, mediation is in fact is the best way to resolve family disputes and the Courts are increasingly encouraging it. Reliance is placed on 2026 PLD 118 SC, where the Supreme Court referred a contested custody and visitation matter to mediation and it resulted in a mutual settlement. LEX offers mediation services for the formal settlement of custody, guardianship, and visitation matters.
What is Section 12 of the Guardian and Wards Act, 1890?
Section 12 of the Guardians and Wards Act, 1890, is actually the primary legal basis for a visitation application. Section 12 gives the Family Court the power to pass interlocutory orders for the production of a minor before it.
Does a non-custodial parent need to be paying maintenance to get visitation?
Although maintenance and visitation are entirely different obligations, yes, if a non-custodial parent is a father seeking visitation rights, the Court can make visitation subject to the payment of maintenance. Reliance is placed on 2022 MLD 1506.
What is parental alienation syndrome and how do courts in Pakistan address it?
Parental alienation syndrome is a psychological issue that a child can suffer from when the child is kept away from a non-custodial parent. In this way, the child gradually forgets that parent, and with the passage of time, the non-custodial parent becomes a stranger to the child. It is an index term in the WHO’s ICD-11. Courts are now considering this factor directly while making visitation schedules. Reliance is placed on 2025 PLD 201 and 2025 CLC 960.
Can visitation rights be denied to a parent?
Denial of visitation outright is not the standard practice of the Courts, since a non-custodial parent has an inherent right to meet their child. However, denial can be a reserved option where genuine safety concerns exist or where visitation is against the welfare of the child. Typically, even in adverse situations, supervised visitation is preferred over an outright denial. It should also be added that, for a non-custodial father, payment of maintenance can be set as a condition for visitation.
What is the difference between custody and visitation in Pakistan?
Custody (Hizanat) can be referred to as the day-to-day care of the child, whereas visitation is the meeting of a non-custodial parent with the child. A parent can seek visitation without seeking or being granted permanent custody.
Can an overseas parent get visitation rights without traveling to Pakistan?
Yes. A parent living abroad can seek visitation rights without coming to Pakistan. The case can be filed and argued through a Special Power of Attorney while visitations can be made through video calls or the e-Court system. In this way, a parent can stay in constant touch with the child while living abroad.
Is a court-ordered visitation schedule legally enforceable?
Yes. Schedule (Parcha Mulaqat) is fully enforceable. In case of non-compliance of schedule court may issue bailable warrants, non-bailable warrants and wherever necessary warrants under Section 100 Cr.P.C. for recovery of child with police assistance.
Can a father visit his child if the mother has remarried?
Yes. A father can visit his child even if the mother has remarried. Remarriage by the mother has no concern or effect on the visitation rights of a father. However, in some cases the mother’s right to have custody may be affected in case of second marriage
Which court has jurisdiction over visitation cases in Pakistan?
The Family Court where the minor ordinarily resides has exclusive jurisdiction in matters of custody and visitation. Reference is made to 2023 PLD 433.
Reviewed by Muhammad Azam Zafar Khan Advocate High Court Co-founder LEX. | July 2026
Note:
While we strive to provide accurate information, please note that the details in this article may contain human errors and are not meant to serve as legal opinion or advice. This content is purely for informational purposes. If you have a specific legal query or need further clarification, we warmly invite our valued readers to reach out to us by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.
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