Child custody cases: 'judicial protocol with UK to help resolve issues'

Chief Justice, Lahore High Court, Justice Ijaz Ahmad Chaudhry has said that judicial protocol between United Kingdom and Pakistan on child custody would help resolving such issues amicably. He expressed these views while addressing judicial officers at a workshop organised by federal judicial academy in collaboration with British High Commission and NGO "Struggle for Change" at a local hotel.
The aim and objectives of the workshop were to create awareness about the protocol signed by the Chief Justice of Pakistan and President of the Family Division of High Court of England and Wales. Justice Ijaz said that a court faces dilemma when a child is moved from one country to another as a jurisdiction of court is also changed. Protocol ensures that a child, removed from the lawful custody of parents against the order of a court in Pakistan or UK, is brought back to the parents.
He added that in some cases, abduction of child by one of the parents takes place and they end up taking civil and criminal action against each other. He said in Pakistan, courts give priority to custody cases and in most cases, high courts treat them as habeas corpus petitions.
He stressed that the prime and paramount consideration during a court decision is welfare of child. At district courts, such matters usually rest with senior civil judges, which provides a plenary forum for settlements of custody issues.
The CJ said that though personal law of Muslim children governs the issue in determining parties' right over the child, welfare of minor remains guiding principles and court should keep this in mind while deciding such cases. He further said that under national judicial policy, such cases have to be decided within a period of three to six months.