Garden ship

Our experienced family lawyers at AM LAW FIRM can provide you with complete guidance on guardianship and help you get custody and guardianship of your child. Here, we will discuss the guardianship laws, rules, and regulations to get guardianship under Pakistani law.

What is Guardianship?

Guardianship is a legal authority given to an individual to make decisions for the children. That individual is legally declared responsible for the upbringing, well-being, and care of the child. Guardianship has a very significant place in Family law.

Guardianship plays a vital role in the case of minors or in case parents are not available to fulfill the parental responsibilities.

Guardianship Law in Pakistan

In Pakistan Guardian and Wards Act of 1890 governs the legal rules and regulations regarding guardianship. This Act describes the details of criteria considered while giving guardianship to an individual, interests that are considered during giving a guardianship, duties, and rights of guardians, and the procedure of appointing a guardian for the child.

Procedure of Guardianship in Pakistan

According to the law in Pakistan, some steps should be followed while filing for Guardianship in Pakistan:

• First of all, one has to file the petition in the relevant court for obtaining guardianship, this petition should include the details of the child i.e. name of the child, age, parentage, and reason why you want to obtain guardianship of the child.
• The petition with jurisdiction over guardianship should be filed in the appropriate court i.e. family court or court designated under the framework of Guards and Wards Act of 1890.
• Once the petition has been filed the court may issue the notice to the child’s parents, relatives, or any other person with a legitimate interest in the child’s welfare. These individuals can proceed with their cases and present the evidence of the child’s best interest. 
• The child’s welfare is the primary matter when deciding the guardianship matters. The other factors to be considered are the child’s care, religious upbringing, and emotional and physical well-being
• The court may appoint a welfare officer to keep a check on the child’s living conditions, well well-being of the child, and suitability of the guardian, then the officer has to submit this report to the court so that the court can make the decision of guardianship with utmost care.
• There will be hearings in the court in which all the parties will present their pieces of evidence, witnesses, and arguments. After the rigorous evaluation of these proofs, the court would be able to appoint a guardian.