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In the event of a separation or divorce between a husband and wife, custody disputes over minors often arise, unless both parties agree to a custody arrangement. Regardless of whether custody is awarded by mutual consent or through a court order, the custodial parent may require a guardian certificate in certain circumstances. A Guardian Certificate is issued by the court after following the prescribed procedures. It is necessary when a custodial parent wishes to travel outside of Pakistan with a minor or manage the minor’s property. In cases of foster custody, a relative or family member of the minor may also seek a Guardian Certificate from the Guardian Court. Our experienced family lawyers at Hamza and Hamza Law Associates in Lahore can efficiently assist you in obtaining your Guardian Certificate from the Guardian Court.
Our team of experienced attorneys provides legal counsel and representation for various custody and guardianship issues, including divorce, separation, adoption, and child welfare. We offer guidance on your rights and obligations as a parent or guardian as well as the legal options available to you.
We also provide mediation and alternative dispute resolution services to help families resolve conflicts outside of the courtroom. It is our goal to support you in achieving the best possible outcome for you and your child while reducing the stress and financial burden of the legal process.
Obtaining a guardianship certificate in Pakistan is a relatively straightforward process. A guardianship certificate is issued by a court of law and is used to grant legal guardianship to a person for a minor or an individual who is unable to care for themselves. Here are the steps to follow:
- File a petition: The first step is to file a petition for guardianship in the relevant court of law. The court may be the Family Court or the Guardian Court, depending on the jurisdiction.
- Provide relevant documents: Along with the petition, you will need to provide certain documents such as the birth certificate of the minor or the individual who requires guardianship, the death certificate of the parents (if applicable), and any other relevant documents.
- Attend court hearings: After filing the petition, you will need to attend court hearings and provide evidence to support your case for guardianship. The court will also consider the wishes of the minor or the individual who requires guardianship, if they are capable of expressing their wishes.
- Receive the guardianship certificate: Once the court is satisfied that you are a suitable guardian, a guardianship certificate will be issued.
It is important to note that the process and requirements for obtaining a guardianship certificate may vary slightly depending on the location and circumstances. It is recommended that you seek legal advice to ensure that you follow the correct procedure and provide all the necessary documents.
For filing suit before the court of justice, it is also necessary to sign and verify before Oath Commissioner in the prescribed manner. And also in the application for Guardianship require to mention the name, sex, religion, date of birth and ordinary residence of the minor. If the minor is a female, whether she is married, and, if so, the name and age of her husband. Moreover the nature, situation and approximate value of the property, if any, of the minor.
Moreover the name and residence of the person having the Child Custody and Guardianship or possession of the person or property of the minor. And it is also mentions what near relations the minor has, and where they reside.
- Birth certificate or B-Form of the minor
- Education records of the minor (if any)
- CNIC of the petitioner
- Legal proof of relationship with the minor
- Marriage certificate
- Any other relevant document(s) that may be necessary.
What is the age limit for child custody in Pakistan:
“According to Muslim family law, mothers have uncontested custody of boys up to the age of seven, but fathers can deprive mothers of custody through the courts after the boy turns seven.
Legal precedent in Pakistan for child custody handover to mother:
In Pakistan, the law regarding child custody is governed by the Guardian and Wards Act, 1890. According to this law, the welfare of the child is of paramount importance in determining custody. In cases where the child is below the age of seven, custody is usually granted to the mother, unless there are exceptional circumstances that would make it detrimental to the child’s welfare.
Legal precedents:
There have been several legal precedents in Pakistan that have upheld the principle of granting custody to the mother. For example, in the case of Saima Waheed v. Muhammad Waheed, the Lahore High Court granted custody of a six-year-old child to the mother, stating that the mother was the natural guardian of the child and her right to custody was superior to that of the father. Similarly, in the case of Muhammad Akram v. Naseem Akram, the Islamabad High Court granted custody of a three-year-old child to the mother, stating that the child’s welfare was best served by being with the mother.
Relevant Factors Involve:
However, it is important to note that each case is decided on its own merits and the court will consider all relevant factors before making a decision on custody. Factors such as the child’s age, gender, religion, health, and the ability of each parent to provide for the child will all be taken into account. Ultimately, the court’s decision will be based on what is in the best interests of the child.
Order Issues:
Furthermore Child Custody and Guardianship order issues from the Children’s Court. Furthermore, this order become for a child in care outside the home, who for his own safety cannot become return to his family. In addition the context of a guardianship order, a child or adolescent is no longer considered to become in care or cared for outside the home. But in the independent care of his or her guardian.
How to appoint an Attorney in Pakistan?
First of all you need to appoint a Child Custody and Guardianship Attorney for filing suit before concern court. In this regard Ahmed Ali Dewan & Co. very well known to get certificate of guardianship from concern court of law. Furthermore if the application concerns custody of a minor. And also it will file with the district court having jurisdiction over the minor’s place of usual residence.
Guardian appointed under the Guardians and Wards Act 1890?
Child Custody and Guardianship can appoint judicially “In the event of the death of the parents or the abandonment of the child” through judicial process. As well as by way of a will (testamentary guardian) if the parents want someone to act as a guardian for children. It will also implicate after their death according to Guardians and Wards Act 1890.
Moreover, Courts have the power to appoint trustees and ward’s for the property. In addition, the guardian is not a Collector, the Court may from time to time order, determine, limit or expand its power over the property of the guardian. And also patronise in such a way and to the extent that it can become consider an advantage. Hence handle the litigation of Best Child Custody and Guardianship Attorney in Pakistan who assist you for all aspects in this matter.
Laws in Pakistan Pertaining to Obtaining a Guardianship Certificate:
Power of Court to give Guardianship:
The Best Child Custody and Guardianship Attorney in Pakistan if you think with only one name in mind, Ahmed Ali Dewan & Co. his lawyers Company will prepare a guardianship case to file in a concerned court of law. After filing a suit in the concerned court for guardianship on behalf of any of the parties he or she. The court issued notice to another party to call him or her to file a written statement. Moreover, after the hearing, both party courts have the power to establish custody of a minor or a guardian of adults.
The court empowered to consider the application:
If the Court satisfy with grounds for proceeding on the application. Then it will fix a day for the hearing in Child Custody and Guardianship suite. After hearing both parties and their witnesses, the court decides on the appointment of a guardian. Hence this becomes when the court satisfies the well-being of the minor in the hands. In addition if the application concerns custody of a minor, it will file with the district court having jurisdiction over the minor’s place of usual residence.
Permanent child custody in Pakistan:
After a dispute in the family child/children issue occurs between husband and wife. Every parent seeks child/ children custody. In this situation, a separate law Guardians and Wards Act is available for Family Disputes Solution in Pakistan. In such a situation, the aggrieved party files a suit for Child Custody and Guardianship in the Guardian & Ward Court. Every parent, who is aggrieved requesting custody of the child by the court. He/she will have to prove the best welfare of the minor is with him/her.
After divorce or separation between husband and wife, child custody is always the main dispute between parents of child/children. Usually, the court decides the suit of custody of the child/children on account of the financial health of the parent, the reputation of the parent in society, and the character of the parents. Moreover, in certain circumstances, the court also gives importance to the juvenile’s opinion to choose the parent with whom the juvenile wishes to live if the juvenile is old enough to form an intelligent opinion.
What we do?
Ahmed Ali Dewan & Co. has the best efficient family lawyers team, who offer you the expert opinion to achieve child custody by the court. We strategize your case to provide prompt, and possible custody of children by the court.
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