When couples in Bangladesh go through a divorce or separation, one of the most emotionally charged issues is what happens to their children. Who will look after them, who will have the right to make decisions for them, and how the court determines what is best can be a source of stress and confusion.
This article aims to give you a clear, human-friendly, detailed explanation of how child custody works in Bangladesh after divorce. We’ll cover the legal background, how the courts make decisions, what parents should prepare, and practical tips to strengthen your case. And if you need expert help, we’re here to assist you every step of the way.
Before diving into the process, it’s helpful to clarify three key terms used in Bangladesh law:
Guardian / Guardianship: Under the Guardians and Wards Act, 1890 (GWA) a guardian has legal responsibility over a child’s person and/or property—meaning the right to make major decisions.
Custody (Hizanat in Muslim personal law): This refers more to who physically has the child or who takes care of the child’s day-to-day welfare—where they live, who attends to them, who looks after their emotional, educational and health needs.
Welfare of the child (paramount consideration): Regardless of what formal rights exist, Bangladesh courts emphasise that the welfare of the minor is the first and overriding factor in all custody/guardianship decisions.
Several laws govern custody and guardianship after divorce in Bangladesh. Knowing which apply will help you navigate the process.
Family Courts Ordinance, 1985 – Gives the Family Court jurisdiction over custody, guardianship and related matters.
Guardians and Wards Act, 1890 – Sets out how guardians are appointed and what factors courts consider in granting guardianship and custody. §17(2) is relevant.
Muslim Family Law / Personal Law – For Muslim couples, principles of Hizanat (right of custody) and guardianship under personal law apply, though courts can and do diverge from classical age-rules based on welfare.
It’s important to note that even when personal law sets certain traditional rules (for example mother’s custody until a certain age), the court may override them if the child’s welfare demands it.
“Law is not just about rules, it’s about empowering justice, progress, and every human possibility.”
Under traditional Muslim personal law in Bangladesh:
The mother typically has custody (hizanat) of her son until about age 7.
The mother typically has custody of her daughter until puberty.
After those ages, the father (as natural guardian) usually may assume custody or rights of decision.
But here’s the key: those are guidelines, not absolutes. Courts emphasise the welfare of the child and may decide differently if, for example, the mother remarries, the father is unfit, or the living environment is harmful.
When you file a petition for custody or when the other parent does, courts look at a number of factors. Some of the most important are:
The age, sex, health and educational needs of the child.
The emotional bond between the child and each parent: who has been taking care of the child, where the child lives, who attends to their daily needs.
The ability of the parent or guardian to provide a stable, safe, nurturing environment: financial capacity, residence, presence of other adults, schooling facilities.
The character, conduct and behaviour of the parents: absence, abuse, neglect, remarriage, living abroad can all affect decisions.
The wishes of the child, if the child is of sufficient age and maturity to express a preference. Courts may consider this but it is not determinative alone.
The best interests of the child, overall this is the dominating principle. If following strict classical age-rules would harm the child’s welfare, the court can choose another arrangement.
Here’s a step-by-step practical overview for parents in Bangladesh:
File a custody suit or petition
Usually filed in the Family Court under the Family Courts Ordinance, 1985. Courts have exclusive jurisdiction over custody matters.
You may request interim or temporary custody while the case is pending.
Serve notice and submit evidence
The other parent must get notice and the court will ask both parties to submit documents, affidavits, statements about the child’s upbringing, living arrangements, etc.
The court may arrange for inspection of the child’s current home, school, health records, and perhaps interview the child if appropriate.
Court hearing and investigation
The court will evaluate all available information, consider the child’s welfare and the factors listed above. Some courts also attempt mediation to settle the dispute amicably.
The process often takes time. In fact, the High Court Division of Bangladesh has directed that such cases should be disposed within six months — though delays remain common.
Judgement and custody order
The court issues a custody order specifying who will have physical custody, who is guardian (if different), visitation rights for the non-custodial parent (if applicable), who bears maintenance for the child, and any other conditions.
Orders can also be modified later if circumstances change (e.g., a parent becomes unfit, remarries, relocates, etc.).
Enforcement and maintenance
The non-custodial parent is typically required to provide maintenance to the child (e.g., school fees, food, health care). Under Muslim law and Bangladesh practice the father often has this duty.
If orders are violated (child removed without permission, visitation blocked, maintenance unpaid), enforcement paths like contempt of court or habeas corpus may apply.
Keep a detailed record of your involvement with the child: schooling, health appointments, living environment, and emotional support.
Ensure the child’s stability: minimal disruption in schooling, home environment, and health care. Courts value continuity.
Avoid exposing the child to ongoing conflict. Courts dislike children caught in the midst of parental hostility.
If you relocate or remarry, inform your lawyer and consider how that might impact your custody rights. For example, a mother’s remarriage sometimes leads to loss of custody under traditional rules.
Consider mediation before the court hearing if both parents are open; a more amicable settlement helps the child and is often quicker.
Take prompt legal action — delays can cause the court to question motives or the fitness of the current arrangement.
International parental child abduction: There is no specific Bangladeshi statute for child abduction between countries in many cases, which complicates matters if one parent takes the child abroad.
Remarriage of mother: Under classical rules a mother’s custody may be affected by remarriage, though courts can deviate if it’s in the child’s best interest.
Delays in courts: Many custody cases drag on due to backlog; time spent can affect the emotional and mental welfare of children.
There is no automatic rule — the court decides custody based on the child’s welfare. While traditionally mothers have custody of young children and fathers become guardians later, the court can grant custody to either parent if it believes that’s best for the child’s physical, emotional, and educational wellbeing.
Custody means who physically lives with and cares for the child, while guardianship refers to legal authority over the child’s property, education, or major life decisions. Courts often give custody to one parent but keep guardianship with another — especially when the child is young.
Yes. While mothers usually get custody of small children, fathers can get custody if they can prove that the child’s welfare is better served under their care — for example, better financial stability, schooling, safety, or living conditions.
Refusing to comply with a custody order is considered contempt of court. The affected parent can file for execution of the order, and the court can direct police intervention to ensure custody is transferred as per the judgment.
We provide comprehensive legal support for parents seeking child custody after divorce in Bangladesh:
We assess your case and help you understand your rights and likely outcomes.
We prepare and file the necessary petitions in the Family Court.
We help collect and organise evidence: school records, health reports, environment checks.
We negotiate settlements and advise on mediation when feasible.
We represent you in hearings, follow up for enforcement of orders, and support modification actions if needed in future.
Navigating a custody dispute is emotionally and legally challenging. Book a consultation with our expert family law team today. We will review your situation, explain how Bangladesh’s custody laws apply to you, and develop a strong strategy for securing your child’s best future.
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