Guardianship Certificate in Pakistan: Step-by-Step Guide (2025

A Guardianship Certificate is a legal document issued by the court under the Guardian and Wards Act, 1890. It authorizes a person to act as the legal guardian of a minor (child under 18 years) in matters of custody, welfare, education, travel, and property. This certificate is especially important for single parents, overseas Pakistanis, and relatives who need legal authority over a minor.

Below is a step-by-step guide to obtaining a Guardianship Certificate in Pakistan:

1. Understanding the Need for Guardianship Certificate

• To obtain custody of a minor after divorce or separation.
• For applying for a passport, visa, or immigration of a minor.
• To manage the minor’s inheritance, property, or bank accounts.
• For educational admissions or medical decisions requiring legal guardian authority.

2. Jurisdiction

The application must be filed before the Guardian Court (usually the Family Court) where the minor ordinarily resides. If the minor is living in Lahore, the Guardianship application will be filed in Lahore Guardian Court.

3. Filing the Guardianship Petition

The process begins with filing a Guardianship Petition through an advocate. The petition includes: – Details of the minor (age, date of birth, current residence).
– Relationship of petitioner with the minor.
– Reasons for seeking guardianship (welfare and best interest of the minor).
– Information about the minor’s parents (if alive) or other legal heirs.
– Prayer clause requesting appointment as legal guardian.

4. Supporting Documents Required

• Minor’s birth certificate or B-Form (NADRA).
• Copy of petitioner’s CNIC / Passport.
• Nikahnama / Divorce decree (if applicable).
• Death certificate of parents (if one or both parents are deceased).
• Proof of residence of the minor.
• Any relevant property documents (if property management is involved).

5. Court Process

1. Petition Submission: The lawyer files the petition before the Guardian Court.
2. Notice to Respondents: The court issues notices to the other parent or close relatives.
3. Publication: Sometimes, the court requires a public notice in a newspaper to check objections.
4. Evidence: The petitioner presents evidence and witnesses proving their suitability and the welfare of the minor.
5. Court Inquiry: The court may interview the minor (if mature enough) and verify welfare aspects.
6. Surety Bonds: Before issuing the Guardianship Certificate, the court usually requires the submission of surety bonds to ensure proper compliance with guardian duties.
7. Final Order: If satisfied, the court issues the Guardianship Certificate.

6. Timeline

• The process usually takes 2 to 6 months, depending on objections and court workload. Urgent cases (such as passport/immigration needs) may be expedited.

7. Role of Welfare Principle

Under Pakistani law, the welfare of the minor is the paramount consideration. Even if the biological parent applies, the court grants guardianship only if it serves the child’s welfare.

8. Overseas Pakistanis

For overseas Pakistanis, a special power of attorney can be executed abroad and attested by the Pakistani Embassy/Consulate. The attorney in Pakistan can then file and pursue the guardianship case.

9. After Issuance of Certificate

The Guardian has the legal right to:

– Apply for passport and visa for the minor with the prior permission of court for travelling abroad.
– Take decisions regarding education, health, and welfare.
– Manage the minor’s property with court permission.

Conclusion

Obtaining a Guardianship Certificate in Pakistan is a legal necessity for many parents and relatives to safeguard the welfare of a child. Though the process involves legal formalities, with proper legal assistance from an experienced family lawyer, it can be smooth and effective.

For legal consultation or assistance in filing a guardianship petition, you may contact Pak-Lawyer Associates at www.paklawyer.com or call +92 321 4610092.