Accessing one’s own children

• Non-custodial parents take case to the Lahore High Court, seek reform in Guardian and Wards Act 1890 to gain access to children

LAHORE - A crowd stands outside the Lahore High Court, busily talking, as if waiting for something. Their faces are lined with stress and worry, but they gather here and talk to each other as if they have already adapted to their tense lifestyle.
These are parents, standing at the courtroom of Justice Mamoon Rashid Sheikh, a special bench Family II under the LHC, waiting to meet their children. After several protests held at different places, they have now resorted to take the case to the LHC, with the help of a constitutional petition, and especially to seek reforms in the “Guardian and Wards Act 1890”.
Divorces and separation from spouses have separated their children from them. They say that unfair court orders mean that their children are handed over to only one parent, and with the other not allowed to meet the children for long periods. They are allowed to meet their children for two hours in a month.
“We are forced to meet our own children for as little as two hours in a month within the court premises,” says one father. “A court room is no place for a child to be in, let alone the tyrannical rule of only having two hours with his or her other parent!” he exclaims.
Over the past few months, this group of parents has emerged as a functional organization called My Foundation. Agha Abul Hassan Arif, a Supreme Court lawyer and legal advisor of the organization, pleaded the petition that was filed in LHC.
My Foundation Information Secretary Mubasher Pasha says that it is not just an opportunistic venture. It was about time that these laws were changed, he said. “Speaking of black laws, why leave this one out? The Guardian Laws have been prevailing for over a century now,” he says bitterly.
“Separated parents feel that instead of acting as a bridge between them and the grieved children, the Guardian Laws act as a barrier in the reunion or in mutual cooperation between the estranged spouses. For the betterment of a broken family, these must change.”
The objective of the petition follows a six point agenda. For example, the procedure for servicing of notices to the opposing party needs to be made efficient, demands My Foundation.
“Currently servicing of notices is a lengthy, time-consuming and painful procedure, which may take several months and in some cases even years,” says a member of the foundation. “It is suggested that the procedures should be amended on the pattern of recently reformed Rental laws and Banking Courts where respondents by all means have to respond to the court within 15 days. This reform alone will cut down delays by several months or even years.”
The parents also have a major objection to court rulings of sole custody of the child. During the interim period, a focus on immediate “joint custody” as opposed to “single sole custody” is proposed. This ensures that a child can spend reasonable time with both the separated parents throughout the year. Currently, the children are handed over to one of the spouses and the other parent is restricted to meeting his/her own child for just two hours in a month within the court premises.
This results in depletion of the child-parent bond over time and results in other complications, aggravating the existing family situation. Heavy penalties and punishments are suggested to be imposed in case custodial parent fails to comply with the court instructions, relating to the visitation of the minor with the non-custodial parent.
Parents have also thought about the importance of introducing a parenting plan, which would essentially be a form, filled out by both parents under the supervision of court. “The Parenting Plan form documents critical information such as age, gender, date of birth, school, educational history of parents, place of residence of parents, etc,” says My Foundation Chairperson Tariq Nawaz, who says that if these six points are followed, the result would be revolutionary. “The Parenting Plan also carries a detailed meeting/visitation schedule for the entire year including; regular meetings, meetings on birthdays, Eids, vacations, public holidays and any other special occasions.” This way no unfairness will take place in meeting the child.
At present the non-custodial parent must file a separate application, seeking visitation on each of the occasions. This increases the workload in the guardian courts and also results in significant efforts and expense carried by the non-custodial parent. It is estimated that the introduction of the “Parenting Plan” will reduce 25 - 50% of the existing workload of guardian courts.
The entire Parenting Plan would take 45 minutes to fill out and will resolve issues that took months even years to sort out in current court procedures.
Another important introduction would be to ensure the security bonds are to be given by both parties. Currently only the non-custodial parent has to provide a surety bond in order to get “out of the court” visitation to his/her children. It is pleaded by the foundation that the guaranties and surety bonds must be enforced on both parties. There have incidents where custodial parents have illegally removed minors from the jurisdiction of the court. A parent has to submit “Surety Bonds” through “Property Documents” which are not easy to arrange.
The other point refers to all applications or replies under “Guardian and Wards Act” to be submitted with complete documentation. This means copies of the CNIC’s of the petitioner/respondent/their witnesses, affidavit of petitioner/respondent along with the witnesses advised by both, documented evidence of any further allegation that is being pledged by both or any of the parties and “Surety Bond” to be submitted by both the parties at the time of filing and responding to an application.
Meanwhile, till nothing else is introduced, at least the meeting area in the Guardian Courts should be improved, say the parents. In Lahore, the meeting area is a side gallery of the Guardian Courts with extremely poor facilities of drinking water, or fans. Non-custodial parents must meet their children in these circumstances, where the child feels oppressed, confused, and inhibited.
While the court must keep the welfare of the child as the first priority, it is, in fact, the child, who is suffering the worst in cases like these. Meanwhile, these parents still pine for their children, some of whom they have not seen in months, thanks to their estranged or former spouse forbidding it.