This Article is From Mar 06, 2011

Divorced parents demand easy access to their children

Lahore: Divorced parents in Pakistan have protested against what they described as "unnecessary delays" in legal proceedings that result in denial of speedy access to their children.

A sizeable number of divorced parents gathered outside Lahore Press Club yesterday and demanded that authorities should put in place a legal provision for access to children while the parents are involved in legal proceedings for separation or dissolution of marriage.

Many members of civil society groups joined the parents with banners and placards that had messages like "I love my kids", "How long shall our children wait for us till a decision is arrived at by the law?" and "I have the right to be with my child".

The demonstrators, mostly single fathers, described themselves as victims at the hands of "manipulators" of the guardian or family laws of Pakistan.

They shouted slogans against the complexity of legal proceedings that impede access to children by either of the parents.

The protesters also argued that in the wake of a rising divorce rate, it is necessary for authorities to incorporate provisions in the law whereby interim joint custody of children should be announced by the court when either of the parents files a suit for separation or dissolution of marriage.

Ali Hasan, who is fighting a case for the custody of his three-year-old son Haider, said, "The legal process is expected to sort out child custody issues within three months, but it usually takes years to fight these exhaustive battles.

And even if one does get access to children, it's only for two hours in a month".

The timeframe for dissolution of marriage cases should be fixed. On similar lines, a reasonable time frame should be fixed to sort out issues of child custody.

The protesters said the emotional, psychological and financial well-being of children has been the only point of agreement among disputing parties pursuing legal proceedings.

There should be legal indemnity that should be brought into practice so that parent-child relations do not fall victim to a "war of egos between disputing parents", they said.

This can be ensured only if the law provides for joint custody in cases where both parents have the desire to get access to their children, the protesters said.

Legal provision should be cognizant of the terms favourable to the child's well-being, including overnight stays with both parents, they added.

"The prevailing convention is to grant custody to one parent only," said Hasan.

Another parent said, "We should empower both parents equally and in an unbiased manner".

The legal system, while deciding on child custody, should not view it as a conflict between the man and wife, but rather it should see how the children see the parents.
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