Legal Framework Regarding Custody of Minor Children

According to the Judicature Act No. 02 of 1978, the Honorable Judge of the District Court which you
belong, has the upper guardianship of minor children. Custody of minor children issues often arise when
parents get divorce. Considering the Muslim law in our country where there is a multi-jurisdictional legal
system, female children as well as male children up to the age of 7 years are placed under the guardianship
of the mother if there are no serious faults of the mother.

The legal concept of the father being the natural guardian of the child, which is an early Roman Dutch legal
concept, does not have value today. Instead of that concept, the best interest of the child is implemented.
Therefore neither the mother nor the father is entitled to the custody of the child based on gender.

A child over the age of 10 is usually asked for consent as to who should have custody, but giving custody
is based on the concept of the child’s best interests. Before and after the court gives the custody of a child
to a certain party, the court considers the situation of the child by calling reports. The probation record is
an extremely important element in determining the custody of a child. Based on the concept of the best
interest, the court considers many matters such as the child’s health, education, safety, relationship with
his brothers and sisters, religious environment, mental freedom, etc.

Custody can be identified as a primary issue arising from divorce and the parties have the ability to claim
only the physical and legal custody or access rights of the child and the party who satisfies the court with
evidence of the best interest of the child has the ability to obtain the aforementioned rights. The same
applies to legally adopted children.

Sections 620-624 of the Code of Civil Procedure Act and Sections 05 and 24 of the Judicature Act are
relevant in a custody case and the custody case should be filed under summary procedure.

Source: Women In Need