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Guardianship Certificate in Pakistan

Guardianship Certificate

In Pakistan, a Guardianship Certificate is issued by the court under the Guardian and Wards Act, of 1890. It legally recognizes an individual as the guardian of a minor, allowing them to make decisions on behalf of the child, such as managing their property or making personal care decisions.
The person seeking guardianship must apply to the Family Court, providing details of their relationship with the minor, reasons for seeking guardianship, and evidence proving they are suitable to act as a guardian. After reviewing the case, the court may issue the certificate, considering the best interest of the child.

How to Obtain a Legal Guardianship Certificate in Pakistan

To obtain a guardianship certificate in Pakistan, you need to hire a family lawyer who will file a case in the guardian court. The court will issue the certificate if satisfied with the presented evidence, typically within two to six months, depending on the case. Both mothers and fathers can apply, with the court considering factors such as the father’s fitness and financial responsibility. The process is case-specific, and a skilled lawyer is essential for navigating it efficiently.

Documents Required for Filing Claim of Guardianship

To file for a Guardian Certificate, you will need the following key documents:

  1. B Form or Birth Certificate of the minor.
  2. Educational records if the minor is a student.
  3. CNIC of the petitioner.
  4. Proof of relationship with the minor.
  5. Marriage certificate if the petitioner is a parent.
  6. Family Registration Certificate to confirm the relationship.
  7. Any additional necessary documents.

In the application, you should include:

  • Minor’s name, parents’ names, date of birth, gender, residence, and religion.
  • List of assets and their values.
  • Current custodian’s name and nearest relatives’ details.
  • Name and qualifications of the proposed guardian.
  • Any previous guardianship petitions.
  • Specify if guardianship is for the minor, their property, or both, and provide reasons for the request.

For a married female ward, include the husband’s name and reasons why he cannot be the guardian.

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Legal Matters Related to Guardianship in Pakistan

Guardianship in Pakistan is governed by the Guardian and Wards Act of 1890. The court appoints a guardian to protect the welfare of a minor or an incapacitated person, focusing on the child’s best interests. Guardianship can involve both personal care and property management, with courts considering factors like the guardian’s ability, financial status, and the child’s well-being. Parental rights may be limited if guardianship is granted to someone else.

Custody vs Guardianship in Pakistan

In Pakistan, custody is viewed as a form of guardianship under the Guardian and Wards Act. According to Section 4 of the Act, a guardian is someone responsible for the care of a minor, which includes managing both the person and property of the child.
This means that custody, typically involving the day-to-day care and upbringing of the child, falls under the broader concept of guardianship. The court may grant custody as part of guardianship decisions, ensuring the child’s welfare in both personal and property matters is protected.

FREQUENTLY ASKED QUESTIONS:

Generally, under Islamic principles, the mother is granted custody of a boy until the age of 7 and a girl until she reaches puberty. After these ages, custody usually transfers to the father unless the court decides otherwise in the child's best interest. However, the ultimate consideration for the court is always the welfare and well-being of the child, which may lead to exceptions depending on the specific circumstances of the case.
A guardianship certificate in Pakistan is a legal document issued by the court, granting authority to a person to act as the legal guardian of a minor. It is essential for managing the minor’s property, handling legal matters, or traveling abroad with the child. The process involves submitting a petition, providing evidence of the need for guardianship, and court hearings, after which the certificate is granted if it serves the best interests of the child. This certificate ensures that the guardian can make decisions on behalf of the minor legally and responsibly.
When appointing a guardian, the court primarily focuses on the welfare and best interests of the minor. This includes considering the guardian's ability to care for the child's health, education, and general well-being. The court may appoint one or more guardians as deemed appropriate. However, under Section 19 of the Guardian and Wards Act, the court's jurisdiction is restricted in cases where the father is alive and not unfit, or where the minor's property is already under proper supervision. The court ensures that any decision serves the minor's overall protection and welfare.
If you require assistance during this time, my firm can help safeguard your rights. Call +92 321 4305422 today to schedule your free consultation. We offer remote video & Zoom conferences as well.

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