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Family, marriage & divorce

Child Custody & Guardianship

Custody is about who the child lives with day to day. Guardianship is the legal authority to make decisions and manage a child’s affairs. They are different, they can rest with different people, and in every case the court now treats the child’s welfare as the deciding factor rather than a fixed rule.

Guardians and Wards Act 1890Family Courts Act 2023
Balance scale with two small houses beside a child's shoes and toy, illustrating child custody after divorce in Bangladesh

What this covers

Under Muslim personal law a mother has the first right to physical custody, called hizanat, of a young child: a son until about seven and a daughter until puberty. The father is the natural legal guardian. But these are starting points, not fixed outcomes. The Family Court decides custody and access by looking at what actually serves the child, and it can and does depart from the traditional ages where a child’s welfare calls for it.

Custody and access

Where parents separate, we deal with who the child lives with and how the other parent keeps a real relationship through access and contact. We push for arrangements a child can actually live with, and we go to court where agreement is not possible.

Legal guardianship

Guardianship matters more than most people expect. You need it to operate a minor’s bank account, deal with property left to a child, apply for a passport, or take a child abroad. We apply for guardianship certificates under the Guardians and Wards Act 1890, including applications by mothers, which the courts have increasingly granted on welfare grounds.

When the traditional rule is not the answer

A mother’s remarriage, a father’s absence, a question of safety or schooling: each of these changes what welfare requires. We build the case around the child’s real circumstances rather than a slogan, and we bring the evidence the court needs to see.

Custody and maintenance are separate things. A father’s duty to support his children does not stop because the children live with their mother, and custody is not something to be traded for money. If a child is being used as a bargaining chip, that is a reason to get advice, not to give in.

Documents you will need

  • The child’s birth certificate
  • Both parents’ National ID
  • Marriage and any divorce documents
  • Evidence about the child’s schooling, home and daily care
  • For guardianship, details of any property or account belonging to the child

Where it is dealt with, and how long it takes

Custody and guardianship are decided by the Family Court, and guardianship applications run under the Guardians and Wards Act 1890. An urgent question about a child’s safety can be raised quickly. A contested custody or guardianship case usually takes several months, and longer where the facts are heavily disputed.

Supporting illustration for child custody guardianship
How we handle it
1

Understand the child’s situation

We start with where the child is, who cares for them now, and what a workable arrangement would actually look like.

2

Try to agree

Children do better when parents agree. We negotiate custody and access first, and put any agreement into a form that holds.

3

Apply to the Family Court

Where agreement fails, we file for custody, access or a guardianship certificate and present the welfare case with evidence.

4

Order and follow-through

We obtain the order and help enforce the access or the guardianship powers it grants.

Urgent safety concerns can be put before the court quickly.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

The mother always gets the children, does she not?

No. A mother has the first right to custody of a young child, but it is neither automatic nor permanent. The court decides on the child’s welfare, and fathers do obtain custody where that is what the child’s situation calls for.

Why do I need a guardianship certificate if I am the parent?

Because banks, land offices and passport authorities require legal guardianship to deal with a minor’s affairs. Being a parent is not always enough on paper, and a certificate settles it.

Can I take my child abroad?

Taking a child out of the country usually needs the consent of the other parent or the authority of the court, especially where custody is disputed. Get advice before you travel, not after.

Can a custody case be settled without a full trial?

Often, yes. The Family Court tries reconciliation first, and many parents agree a custody and visiting plan through mediation, which the court then records.

Speak with a lawyer about custody or guardianship

A written assessment costs nothing and commits you to nothing.

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