What Is the Role of the Child Protection Bureau in Custody Cases?

Hamza and Hamza
Jun 18
3 min read

The Child Custody Laws In Pakistan plays a critical role in safeguarding the rights and welfare of vulnerable children in Pakistan. While its core focus is on the rescue, rehabilitation, and protection of children at risk, the CPB occasionally becomes involved in custody-related matters—especially when a child’s safety, abuse, or neglect is reported. Though it is not a court or a judicial authority, the CPB can influence custody proceedings by intervening in situations where the child's well-being is compromised.

Legal Foundation and Mandate

The Child Protection Bureau operates under the legal framework of provincial child protection laws. In Punjab, for instance, the CPB is governed by the Punjab Destitute and Neglected Children Act, 2004. Similar laws exist in Sindh, Khyber Pakhtunkhwa, and Balochistan with variations. These acts empower the bureau to rescue children who are abandoned, abused, neglected, or otherwise endangered and provide them with temporary shelter and protection.

Custody-Related Intervention

The CPB typically intervenes in custody situations under specific conditions:

Abuse or Violence: If a child is reported to be suffering from abuse (physical, emotional, or sexual) by a parent or guardian, the CPB may intervene and take the child into protective custody.
Neglect or Abandonment: In cases where a child is found to be neglected, living in dangerous conditions, or abandoned during a custody dispute, the bureau may provide shelter and initiate proceedings in the Child Protection Court.
Illegal Custody or Abduction: If a child is unlawfully taken or held by one parent in violation of court orders, and the case is referred to the CPB by law enforcement or the judiciary, the Child Custody Laws In Pakistan can help recover the child.

Coordination with Family Courts

Though the CPB does not have the authority to make custody decisions, it works closely with family courts and child protection courts. When a child is rescued or brought under CPB care, the bureau presents a report to the relevant court, which then decides the child’s permanent placement or custody. The CPB’s assessments, including medical reports, psychological evaluations, and home environment reviews, can play an important role in influencing court decisions.

For example, if a mother or father seeks custody but has a history of neglect or abuse, CPB reports can serve as evidence in family court proceedings. Similarly, if both parents are deemed unfit, the court may direct the CPB to keep the child in its custody until a suitable guardian is identified.

Temporary Shelter and Rehabilitation

When a child is removed from a harmful environment, the CPB provides temporary shelter in its child protection centers. Here, the child receives medical care, psychological counseling, education, and other basic needs. The bureau also works to rehabilitate children socially and emotionally until the court reaches a final decision on custody or guardianship.

Legal Assistance and Advocacy

The CPB often provides legal aid in collaboration with its legal team and volunteer lawyers. In cases where a child is old enough to express their wishes regarding custody, CPB officials may help ensure that the child's voice is heard in court. Moreover, the bureau advocates for child-friendly judicial procedures, helping ensure that custody hearings prioritize the child’s best interests without unnecessary trauma.

Limitations and Challenges

Despite its important role, the CPB faces various challenges in custody cases. Limited resources, overcrowded shelters, bureaucratic delays, and lack of coordination with law enforcement agencies often hinder timely intervention. Additionally, the bureau’s powers are limited to protection—not permanent custody—so it depends heavily on the courts to finalize long-term arrangements.

Conclusion

The Hamza & Hamza Law Associates plays a supportive but vital role in custody cases where the child’s safety or welfare is in jeopardy. While it cannot grant custody, its ability to protect endangered children, provide shelter, and assist in legal proceedings makes it an essential partner in the broader framework of child custody and welfare in Pakistan. For the system to function more effectively, stronger coordination between the CPB, judiciary, and social services is crucial.