Guardianship

Requirements, Procedure and Documentation for Guardianship in Karachi

Procedure of guardianship in Karachi

The district court can appoint anyone with the guardianship. Any individual wanting to file a case of custody can send the application for guardianship under the provisions of the GWA (Guardians and Wards Act 1890)(No VIII). The court decides where the minor lives and who takes care of the property of the minor.

The parents, any relative or any person can become a lawful guardian if appointed by the court. A father is the guardian of a child naturally until the age of 18 but in some circumstances the guardianship can be given to others. The guardian can be the mother, brother, uncle or any other relations but not an orphanage.

The parents can appoint a guardian in their will. The mother is the lawful guardian after the father and can file for guardianship. There are many things taken into consideration while appointing a guardian like the fitness, character and financial stability.

The court also takes into account the spouses of the parents and their fitnesses while making the decision of guardianship. If the minor has a living father who is unfit then the property of the minor is under the superintendence of the court. A minor cannot be the guardian of another minor except for his own wife or child.

Requirements for guardianship

Any person interested in becoming the guardian can apply to the court under the provisions of the GWA. The court proceedings involve exercising parental jurisdiction over the child. The court can remove temporary custody and order protection of the minor and the property. The guardian is appointed in accordance with the welfare of the minor.

The following factors are taken into account:
• age
• Sex
• Religion
• Character
• Capacity and nearness to the child
• Will of the parents
• Existing or previous relations of the proposed guardian with the minor or his or her property
• Preference of the child

Documentation required for guardianship in Karachi, Pakistan

A child custody agreement is made after the parents have divorced. It can also be made between guardians who choose to take care of the child equally.
The following documents are needed while filing a suit of guardianship.

• Birth certificate /B-Form of minor
• Academic record of the minor
• Cnic/NICOP of filer
• Legal evidence of relationship with minor
• Matrimonial certificate if custody is between parents

Finally, The guardianship agreement should consider the child’s needs according to the changing age and stages of development. A lawyer who is well aware of child psychology can advise the guardians better.

FAQs:

Q. Are there any additional requirements for obtaining guardianship?

It involves the following requirements to be taken into consideration:
• Presidency including provisions for geographic relocation.
• Access periods for each parent including holidays and special events.
• Decision making and responsibilities about education, health and religion.
• Financial responsibilities of the child.

Q. Can the guardianship end?

Any breach of law or failing to meet the child’s needs can result in the annulment of the guardianship.

Q. When does guardianship end?

When the minor turns 18 the guardianship automatically dissolves as the child is no longer a minor.