Step-by-Step Process for Getting Guardianship Certificate in Pakistan

 In Guardianship Certificate in Pakistan is a legal document issued by a court under the Guardians and Wards Act, 1890. It authorizes a person to be the legal guardian of a minor (a person under the age of 18) or a person who is incapable of managing their own affairs. This certificate is crucial for making decisions regarding a minor's education, medical treatment, travel, inheritance, and property matters. Whether it is for parents, grandparents, or relatives, obtaining a guardianship certificate involves a defined legal process. Below is a step-by-step guide to help you understand how to obtain a guardianship certificate in Pakistan.



Step 1: Determine the Need for Guardianship

Before initiating the legal process, it’s essential to identify whether guardianship is necessary. A guardianship certificate is typically required in the following cases:

  • One or both parents of the minor are deceased or unable to care for the child.

  • The minor owns property or assets that need to be managed.

  • The minor needs to travel abroad and visa authorities demand a guardianship certificate.

  • The person is mentally or physically incapacitated and requires a guardian.

If any of these situations apply, you can begin the process of applying for legal guardianship.

Step 2: Hire a Legal Advocate

The next step is to engage a family lawyer or legal advocate who is experienced in guardianship matters. Although individuals can represent themselves in court, having a lawyer ensures that the legal documents are correctly prepared and that court procedures are followed accurately. The lawyer will guide you through the process, draft your application, and represent your case in court.

Step 3: Prepare Required Documentation

The following documents are generally required for the guardianship application:

  • CNIC/NICOP/B-Form of the minor.

  • NADRA Family Registration Certificate (FRC).

  • Birth certificate of the minor.

  • Death certificate(s) of parent(s), if applicable.

  • Proof of relationship with the minor.

  • CNIC of the applicant (person applying for guardianship).

  • Evidence of property, inheritance, or other assets belonging to the minor, if applicable.

  • Passport-sized photographs of the minor and the applicant.

These documents are essential for establishing the applicant’s relationship with the minor and demonstrating why guardianship is necessary.

Step 4: File a Guardianship Petition in Family Court

Once your documents are ready, your lawyer will draft a Guardianship Petition under Section 10 of the Guardians and Wards Act, 1890. This petition must be filed in the relevant Family Court or Guardian Court in the area where the minor resides.

The petition should include:

  • The personal details of the minor and the applicant.

  • The reason for seeking guardianship.

  • A prayer for the court to issue a guardianship certificate.

Step 5: Court Issues Notice to Interested Parties

After the petition is filed, the court issues notices to all relevant parties, including:

  • The parents (if alive) or other family members who may have an interest.

  • The Guardian Judge also issues a public notice or summons to appear before the court on a specific date.

If any party objects to the guardianship, they may file a written objection or appear in court.

Step 6: Court Hearing and Evidence

On the hearing date, the applicant and any opposing parties are heard. The applicant must present:

  • Oral or documentary evidence proving their eligibility and relationship with the minor.

  • Evidence that shows the minor's welfare and best interest will be secured under their guardianship.

The court may ask questions, call for additional documentation, or appoint an official (such as a guardian ad litem or a child welfare officer) to investigate and report on the child's circumstances.

Step 7: Court Considers the Welfare of the Minor

The central principle in guardianship cases is the welfare of the minor. The court considers:

  • The financial and emotional capacity of the applicant.

  • The living conditions and environment the guardian can provide.

  • The moral character and reputation of the applicant.

  • Any objection from other family members.

  • The wishes of the minor (if the child is old enough to express them).

The court's decision is based entirely on what serves the best interest of the child.



Step 8: Issuance of Guardianship Certificate

If the court is satisfied with the application and evidence, it will issue an order appointing the applicant as the legal guardian of the Guardianship Certificate minor. Following this, the court will issue a Guardianship Certificate in favor of the applicant. This certificate legally authorizes the guardian to act on behalf of the minor for all matters approved by the court (such as education, property management, travel, etc.).

Step 9: Limitations and Responsibilities

It’s important to note that guardianship does not mean complete ownership or freedom. The guardian must:

  • Act in the minor’s best interest at all times.

  • Seek court permission for sale, purchase, or lease of any property belonging to the minor.

  • Keep the court informed of any significant changes affecting the minor.

  • Be accountable for financial decisions made on behalf of the child.

If the guardian fails to perform their duties responsibly, the court may revoke the certificate.

Conclusion

Obtaining a Guardianship Certificate in Pakistan is a structured legal process aimed at protecting the welfare of minors and vulnerable individuals. While the process may seem complicated, it is guided by a clear legal framework that ensures only suitable and responsible individuals are appointed as guardians.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.  By hiring an experienced family lawyer, preparing the necessary documents, and demonstrating your ability to care for the minor, you can successfully obtain a guardianship certificate through the Family or Guardian Court. Always remember, the welfare of the child remains the court’s highest priority.

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