Litigation in family law refers to resolving disagreements between individuals going through the process of divorce and the problems that are associated with divorce. Disputes that arise after a divorce are another potential area of litigation in family law.
During a divorce, there is typically no need to go to court over every problem; nonetheless, there are certain matters that almost always have the requirement for assertive and strategic litigation, such as the following:
- Time spent with the child and legal custody
- Transferring children to new homes
- The appraisal of the company in terms of its relationship to equitable distribution
- The implications of retirement on alimony
- The effects of cohabitation on spousal support payments
- Child support must be paid for when the parents have excessive income.
The majority of divorce cases involve some court battle. The exceptions to this rule are made for the parties who choose to have their disputes mediated or participate in a procedure that encourages collaboration. Regarding the former, I am relentlessly representing every one of my clients. Nevertheless, I find some parallels between the instances, particularly those that require extremely aggressive litigation techniques. In most cases, high-profile clients, celebrities, and wealthy individuals are at the center of the action. In addition, sadly, the only choice available when dealing with an unreasonable spouse or adversary is to prosecute the situation aggressively.
As a litigator, the best way to approach any matter is to prepare it as though it will go to trial. You must convey the idea that if the other party behaves in an unreasonable, unrealistic, or defiant manner, you will be prepared to argue and defend your point in front of a judge. Since most cases are ultimately resolved without going to trial, one of my primary objectives is to do everything I can to settle on favorable terms for my client. As part of my preparation, I have familiarized myself with the specifics and facts of the case, as well as the applicable law, the procedures of the trial, and the rules of evidence.
When the disparity between the parties’ respective settlement positions is large enough to justify the investment of time and money in a trial, I am completely ready to direct and cross-examine all witnesses. I have a complete comprehension of the expert reports, including their methodology and their findings.
Child custody After any divorce in Pakistan
The question of child custody becomes a pressing concern, which requires both parents to understand the applicable legislation. Even though raising a child on one’s own can be challenging, every parent does everything in their power to win custody of their child through the legal system.
When deciding whether or not to award parental custody, the court’s primary concern is always the health and safety of the child or children involved. Therefore, factors such as a parent’s financial stability, a history of misconduct, the parent’s character, and their ability to care for their child are given significant weight.
One parent may be awarded custody of a kid by the courts. Still, in increasing circumstances, both parents will share legal responsibility for the child and guardianship of that child (ren). As a result, the rules governing prison conditions in Pakistan might be categorized as either physical or legal.
The legal right over minors in Pakistan entails that the parent is exclusively responsible for the well-being of the child in question, which is by the legal framework that has been developed in Pakistan’s judicial system.
When dealing with issues of this nature, the court considers the choice of the minor in question, provided that the child is of an age where they can intelligently establish a preference.
In Pakistan’s past, women were the ones who were handed ownership of their children, but recently there have been indications that this may be shifting. There has been a recent trend of more and more women choosing to focus their life on their careers, which may prevent them from being able to raise their children on their own.
At What Age Does Legal Custody Of A Child Change Following A Divorce?
The right to have custody of a minor is referred to as the right of hizanat in Pakistani law, and it is customarily granted to the child’s mother. However, the mother’s right over the kid is terminated when the child reaches the age of seven. However, this right is not an absolute right; it is established in the boy’s best interests. Girls are often raised by their mothers up to the age of puberty. This law places a significant emphasis on the mother’s behavior, and if such behavior is deemed “objectionable,” it is possible that she will not be granted custody rights. This is one of the main aspects of the law. The law stipulates that the father is entitled to custody of the child once the mother’s sentence has been served. If neither of the kid’s parents can be located, the child’s grandparents are given the option to assume custody of the child.
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