When parents separate or divorce, issues often arise about who gets custody of their children. Whether the parents agree on custody or it's determined by the court, the parent with custody may need a Guardianship Certificate in specific situations. This certificate is issued by the court through a set process. It becomes necessary if the custodial parent plans to travel outside Pakistan with the child or wants to handle the child's property.
In cases of foster custody, relatives or family members seeking custody may also apply for a Guardian Certificate from the Guardian Court. Let us explore the procedure for obtaining a legal guardianship certificate and its importance.
How to Get Legal Guardianship Certificate in Pakistan?
If you are the mother, father, or any person responsible for a minor's care, including relatives, you can apply for a guardian certificate from the Guardian Court in Pakistan. To do this, you need to file a petition in the Guardian Court that has jurisdiction over the area where the minor currently resides. The court will then publish a notice in a widely circulated newspaper to invite objections from the public.
It's essential to involve an experienced family lawyer. This professional will carefully review the details of your case and prepare the Guardian Petition according to the prescribed format. The completed petition is then submitted to the Guardian Court. If you need assistance with obtaining a Guardianship Certificate and seamlessly follow through the process, the top family lawyers at Musheer.com are just a click away.
Granting of Guardianship Certificate
The Guardian Court notifies the other party and, after assessing the evidence presented by both sides, makes a decision in the best interest and welfare of the minor. It's crucial to note that the issuance of a Guardian Certificate is not automatic - it is granted based on a thorough consideration of the child's well-being and best interests rather than being a matter of entitlement.
If no one opposes the petition and there are no objections on record, the court will instruct the petitioner to present evidence in court. This involves providing both documentary and oral evidence from witnesses. Once this process is complete, the court will issue the guardianship certificate.
What to Include in Your Guardianship Certificate Application
When applying for a Guardianship Certificate, make sure to provide the following details in your application:
- Name of the Minor/Ward
- Parents' Names
- Age of the Minor/Ward at the time of filing the guardianship petition, along with their Date of Birth
- Sex (Gender) of the Minor/Ward
- Residence of the minor/ward
- Religion of the minor/ward
- List of assets and property of the Minor/Ward, along with their values
- Name of the current custodian of the Minor/Ward
- Details of the nearest relatives
- Name of the proposed Guardian applying for Guardianship
- Any previous Guardianship petition or Guardian petition
- Qualifications of the applying guardian
- Specify whether the applying guardian seeks guardianship for the minor/ward, their property, or both
- Grounds for issuing the guardian certificate to the individual seeking guardianship
Frequently Asked Questions (FAQs)
What is the difference between guardianship and adoption?
Guardianship establishes a legal relationship between a child and a guardian without terminating the parental rights of biological parents, often serving as a temporary arrangement. In contrast, adoption involves the complete and permanent transfer of parental rights from biological parents to adoptive parents, resulting in a lifelong legal relationship.
Adoption is a more formal and comprehensive process, requiring the voluntary termination of parental rights or court-ordered termination, making the adoptive parents the legal parents with full rights and responsibilities. Guardianship may involve ongoing parental rights for biological parents, and the arrangement is generally considered temporary, while adoption is a permanent and legally conclusive commitment.
Does guardianship override power of attorney?
The establishment of guardianship can potentially override a power of attorney, especially if the court determines that the individual subject to guardianship lacks the capacity to make decisions.
In Pakistan, the Guardians and Wards Act, 1890, governs matters related to guardianship. If the court appoints a guardian for an individual, especially for personal and financial decisions, it may limit or supersede the authority granted under a power of attorney. The court's decision is typically based on the best interests of the individual in need of protection.
What is the Guardianship Law in Pakistan?
In Pakistan, the law governing the guardianship and custody of children is referred to as the Guardians and Wards Act of 1890. Here is a summary explanation of this law.
