Guardianship Certificate Law In Pakistan

When it comes to the protection, upbringing, and legal rights of a minor child in Pakistan, the Guardians and Wards Act, 1890 serves as the primary legal framework. This law ensures that a responsible and capable adult is appointed to take care of a child’s welfare, whether it’s managing their personal affairs, property, education, or healthcare, when the natural guardians (usually the parents) are no longer in a position to do so.

At Hamza and Hamza Law Associates, we regularly assist individuals in obtaining Guardianship Certificates to secure the rights and welfare of minor children, especially in situations involving separation, death of a parent, or other family disputes.

Who is a Minor?

According to Pakistani law, a minor is a person under the age of 18 years. As minors lack the legal capacity to manage their personal and financial affairs, a guardian is often required to act in their best interest.

As per state policy, passport, smart card, B-Form and other documents in respect of the minor from concerned authority, both parents must be physically present before the concerned authority. Additionally, majority of the schools at the time of admission of minor also require consent of both parents. If parents are in dispute, separated or divorced, it becomes mandatory for the parent in custody of the minor to apply for guardianship in respect of the minor from the competent guardian court.

Types of Guardianship

1. Guardian of the Person – Responsible for the minor’s physical custody, upbringing, education, healthcare, and day-to-day welfare.
2. Guardian of the Property – Manages the minor’s assets, inheritance, or financial interests.
3. Guardian ad Litem – Appointed for representing a minor in legal proceedings or litigation.

When is Guardianship Required?

A petition for guardianship may be filed in situations such as:

• Death of one or both parents
• Dispute, Divorce or separation between parents
• Custody disputes
• Parents living abroad or unable to care for the child

In all cases, the welfare of the minor is the paramount consideration before the court.

Legal Procedure to Obtain Guardianship Certificate

The process is initiated by filing a Guardianship Petition before the Guardian Judge (usually in the Family Court) under the Guardians and Wards Act, 1890. The petition must include:

• Details of the minor and relationship with the petitioner
• Reasons for seeking guardianship
• Welfare arrangements (schooling, health, finances)
• Consent of the minor (if over the age of 10, although not legally binding)

Key Considerations of the Court

The court will examine:

• Welfare of the child as the most important factor
• Religion of the child and proposed guardian
• Character, conduct, and financial ability of the petitioner
• Wishes of the minor, if the child is mature enough
• Previous conduct or criminal record of the guardian, if any

Duration of Guardianship

• Personal guardianship ends when the minor reaches 18 years of age. If guardian is appointed by the court then it is valid until minor attains age of 21 years.
• Guardianship of property may continue till the child turns 21, especially where complex property or inheritance matters are involved but guardianship must be applied from court before the minor turns 18 years.

Expert Legal Support at Hamza and Hamza Law Associates

We understand that matters involving children require not only legal precision but also empathy, care, and urgency. Whether you’re a single parent, grandparent, relative, or guardian acting in the best interest of a child, our legal team is here to guide you through:

• Filing of Guardianship Certificate petitions
• Assistance with supporting documentation
• Representing you in court hearings
• Helping with legal guardianship of property/inheritance
• Handling cross-border guardianship and family law matters
• Temporary or permanent Permission to travel abroad with minor and to settle minor abroad
• Permission to apply for crucial documents in respect of the minor from Passport office, NADRA etc.