27/06/2026
No Comments
Custody of British Pakistani Children and NADRA Registration – Online Legal Advice (2026)
Question:
I married my husband in the UK in April 2008. We are both British-Pakistani dual nationals and currently live in London.
Due to infertility, I was unable to conceive for approximately eight to nine years. During that time, I verbally agreed that my husband could marry again if he wished. He later married his cousin in Pakistan and had a child with her. However, he concealed this second marriage and the birth of the child from me for almost six years. Although he occasionally joked about having a child, he never told me the truth.
When he finally disclosed the existence of the child, he claimed that he had already divorced his second wife but that the divorce had never been publicly disclosed to protect the child. He now says that he cannot remove her name from his NADRA family record because the divorce is not reflected in the system. According to him, the NADRA office advised that she must first obtain a Khula before her name can be removed. He also says he has not registered their child in his NADRA record because he wants her marital status to be updated as “divorced” first, so that she cannot later claim his property in Pakistan.
To complicate matters further, he informed me that his cousin (the second wife) submitted an old Nikah certificate to NADRA from their first marriage, which existed from 2003 to 2007. He showed me a Talaq certificate confirming that marriage ended in 2007, before he married me in 2008. He now claims there was no Nikah certificate for the second time they married and subsequently had a child together.
I also believe he added my name to his NADRA family record during our visit to Pakistan in 2023, when I became pregnant with our fourth child.
I have also experienced mental health issues. Despite this, after moving to London, I worked full-time for the NHS for ten years. During the first six years of our marriage, almost my entire salary was used to pay rent and household bills. For the following four years, I continued contributing approximately half of my salary. During this period, my husband mostly worked part-time while trying to establish a business. He only obtained full-time employment around the time I believe he began his relationship with his cousin. He says their child was born in Pakistan in June 2017. Around the same time, I underwent fertility treatment and gave birth to our first child in May 2018. We later had two more children before visiting Pakistan, where I became pregnant with our fourth child. It was only after we returned to the UK in 2023 that he admitted to the second marriage and child.
As a result, I have lost trust in him. He now wants us to relocate permanently to Pakistan because his mother has passed away and he has inherited her house. He also owns other property in Pakistan.
I would be grateful if you could answer the following questions:
- If my children are not registered on my husband’s NADRA family record, will this affect their right to inherit his property in Pakistan?
- How can I verify whether my husband has already registered our children with NADRA?
- If we move to Pakistan, can my husband legally take the children away from me? They currently hold only British passports. I am reluctant to register them with NADRA because I have read that he may later refuse to give permission for me to take them back to the UK.
- If I decide to divorce my husband and remarry, would I lose custody of my children under Pakistani law?
- My husband says he must register our children and his child from the second marriage with NADRA at the same time; otherwise, there will be problems registering my children in the future. Is this statement legally correct?
I would greatly appreciate your legal opinion on these issues.
ANSWER:
Custody of British Pakistani Children and NADRA Registration
Many overseas Pakistanis residing in the UK are concerned about the custody of British Pakistani children and NADRA registration, particularly when marital disputes, divorce, or relocation to Pakistan are involved. A common misconception is that registering a child with NADRA automatically affects custody or gives one parent greater legal rights. This is not correct.
Under Pakistani law, issues relating to child custody, guardianship, inheritance, and NADRA registration are governed by separate laws and should be considered independently.
1. Does NADRA Registration Affect Child Custody?
No.
Registering a child on a father’s NADRA Family Registration Certificate (FRC) or obtaining a Child Registration Certificate (CRC/B-Form) does not determine custody.
Child custody in Pakistan is decided by the Family Court, which considers the welfare and best interests of the child as the paramount consideration.
The court may award custody to either parent depending upon:
- Age of the child
- Welfare of the child
- Educational needs
- Emotional well-being
- Financial stability
- Character and conduct of both parents
Therefore, NADRA registration has no direct effect on custody rights.
2. Can British Pakistani Children Inherit Property Without NADRA Registration?
Yes.
Children do not lose inheritance rights merely because they are not registered with NADRA.
Inheritance under Pakistani law depends upon proving:
- Parentage
- Legal relationship
- Identity of the legal heirs
Although NADRA registration is useful evidence, inheritance can also be established through:
- Birth certificates
- Passports
- DNA evidence (where necessary)
- Court declarations
- Other documentary evidence
Therefore, British nationality alone does not deprive a child of inheritance rights in Pakistan.
3. How Can You Check Whether Your Children Are Registered with NADRA?
If you are the legal parent, you may verify your children’s registration through NADRA by obtaining:
- Family Registration Certificate (FRC)
- Child Registration Certificate (CRC/B-Form)
- Relevant NADRA record after fulfilling legal requirements
If access is denied or a dispute exists, a Family Court may direct production of the relevant records.
4. Can the Father Prevent the Mother from Taking the Children Back to the UK?
This depends upon the circumstances.
If the children are residing in Pakistan, one parent may approach the Family Court seeking:
- Custody
- Guardianship
- Travel restrictions
- Recovery of custody
A father cannot automatically stop the mother from travelling with the children.
However, if a court issues restraining orders or appoints a guardian, international travel may require court permission.
Each case depends upon its individual facts.
5. Will the Mother Lose Custody if She Remarries?
Not automatically.
Pakistani courts no longer treat remarriage as an automatic ground for losing custody.
The court examines:
- Welfare of the child
- Living arrangements
- Education
- Safety
- Emotional development
If remaining with the mother serves the child’s best interests, custody may continue despite remarriage.
6. Must All Children Be Registered Together with NADRA?
There is no general legal requirement that children from different marriages must be registered simultaneously.
Each child’s registration depends upon:
- Proof of parentage
- Birth registration
- Identity documents
- Compliance with NADRA procedures
Therefore, the claim that one child cannot be registered unless another child is registered first is generally not a legal requirement. However, if there are discrepancies in marriage or divorce records, NADRA may require clarification before updating the family record.
7. What Happens if the Father Has More Than One Marriage?
Where a Pakistani citizen has contracted multiple marriages, it is important that:
- Every marriage is legally documented.
- Divorce records are properly entered into official records.
- Union Council records are complete.
- NADRA records accurately reflect marital status.
Errors or omissions may delay registration of spouses or children, but such issues can usually be resolved through legal documentation or court proceedings.
Conclusion
The custody of British Pakistani children and NADRA registration are separate legal issues. Registering children with NADRA does not automatically affect custody, inheritance, or parental rights. Similarly, remarriage or dual nationality does not automatically determine custody outcomes. Pakistani Family Courts decide custody based on the welfare of the child, while inheritance and identity issues are governed by separate legal principles.
If you are facing a dispute involving British Pakistani children, NADRA registration, child custody, guardianship, inheritance, or divorce, consult an experienced family lawyer before taking legal action.
