Modification of Visitation Schedule


Modification of Visitation Schedule

YLR 2021 LHR 2030

The Lahore High Court allowed the petition filed by Amna Nawaz, seeking the establishment of a fresh visitation schedule for meeting her children. The court set aside the impugned order of the Guardian Judge due to the respondent's failure to comply with previous orders and produce the children. The petitioner is directed to approach the Guardian Judge to chalk out a new visitation schedule in accordance with the welfare of the minors.

Key Legal Issues:

●Custody of minors

●Visitation rights

●Modification of visitation schedule


Holding:

The court allowed the constitutional petition, set aside the impugned order of the Guardian Judge, and directed the petitioner to approach the Guardian Court for obtaining a fresh visitation schedule. The Guardian Court is instructed to proceed with the matter expediently, considering the welfare of the minors.


Reasoning:

●Welfare of the minor is the paramount consideration for the Guardian Court.

●The Guardian Judge's decision is final in matters relating to the custody of minors.

●The Guardian Court has the jurisdiction to modify or amend visitation schedules at any stage to safeguard the interest and welfare of the minor.

●Respondent's non-compliance and non-appearance indicate deliberate avoidance.


**Constitutional petition allowed**

The impugned order of the Guardian Judge set aside.

𝐑𝐀𝐉𝐀 𝐙𝐀𝐇𝐎𝐎𝐑 𝐋𝐀𝐖 𝐂𝐇𝐀𝐌𝐁𝐄𝐑

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