We are often asked a question as to how a parent having custody of the minor subsequent to divorce or separation can ensure Full Custody of minor. If there is no settlement effected between parents as to who will retain custody upon separation or divorce, it is the Court of law, irrespective of any local custom or tradition, to decide the question of custody of minor. Nonetheless, custody of minor do not automatically transfer to a particular parent upon separation or divorce nor the parent who succeed in retaining custody of minor upon separation or divorce is legally deemed to have full custody until the same is approved by the court. In this article we will discuss the detailed procedure through which parent in custody of minor upon separation or divorce, as the case may be, can obtain full custody from the Court of law.
Child custody is one of the main dispute that emanate from separation or divorce between parents. Possibly one out of 3 below mentioned consequences may occur as a result of separation or divorce.
- Parents amicably settle the matter and one parent voluntarily handover custody of the minor to other parent.
- One Parent manage to retain custody of the minor with assistance of police or with intervention of parents etc.
- Parents agree to have joint custody of the minor.
No matter, how the custody of minor has been attained or retained, or whether custodial parent is mother or father of minor, other parent (non-custodial parent) can still snatch custody later on. In some cases, non-custodial parent succeed in taking minor to unknown location. In other many case it is also observed that non-custodial parent who snatch the custody of minor, travel abroad causing serious damage to interest of the other parent. Even if that is not that case, major setback which result from such act of the non-custodial parent to snatch minor from custodial parent is that it becomes impossible for aggrieved parent to prove that minor was in his/her custody as a result of circumstances detailed herein above but same has been illegally snatched from him/her.
HOW THE CUSTODIAL PARENT UPON SEPARATION OR DIVORCE COULD OBTAIN FULL CUSTODY OF THE MINOR?
Disputes pertaining to custody of the minor are adjudicated by the Guardian Court established under the Guardian and Ward Act, 1890. Under Section of 7 of the Act, 1890, person in custody of the minor is required to approach the court seeking issuance of Guardian Certificate. This help the custodial parent to attain a trifecta.
- By filing the Application it is established in court that the minor is genuinely in the custody of the applicant. This helps to invoke conscience of the court towards the fact that during the entire time, it was the applicant who has developed an emotional bond with the minor and it is the applicant who has been taking care of needs of the minor.
- Guardian Court prevent the non-custodial parent from snatching the custody of the minor. Failing to comply with orders, non-custodial parent is not only required to return the minor to applicant but non-custodial parent also faces contempt of the court for making blatant violation.
- By obtaining Guardian Certificate, applicant if mother do not require, consent of father for issuance of ID Card, Passport or Birth Certificate of minor from NADRA. She can also travel abroad with minor without consent of father.
COURT IN WHICH PETITION FOR GUARDIAN CERTIFICATE TO BE FILED
Application for obtaining Guardian Certificate of the minor should apply to the Guardian Court, in jurisdiction of which the minor presently or permanently reside.
INFORMATION REQUIRED TO BE GIVEN IN THE APPLICATION
The application for grant of Guardian Certificate must contain following details:
- Name, gender, date of birth, and residence of the minor
- If the minor is female and she is married, the name and age of the minor female’s husband
- Nature, situation, and the estimated value of the property of the minor, if any
- Name and residence of the custodian of the minor in person or minor’s property
- Near relations of minor and where they reside
- If there is any guardian of the minor and its property appointed by an entitled person by law or someone claiming to be entitled by law
- If at any time any application made to any Court for the guardianship of the minor and its property made, when, to what Court, and the result of the proceeding
- Whether the application is for the appointment of the guardian of the minor or its property or the declaration of a guardian
- The qualification of the proposed guardian if the application is made to appoint a guardian
- If the application is to declare someone a guardian, the ground that specifies and supports the person’s claim
- For what causes the application to be made to the Court
- Any other particulars
The application for issuance of Guardianship Certificate must be accompanied by relevant documents including the birth certificate of minor, proof regarding relationship with minor including the copy of marriage certificate, Family Registration Certificate and such other documents as may be required.
DURATION OF THE PROCEEDINGS
The expert custody lawyers at Hamza and Hamza Law Associate based on best practices can get the certificate within 4-5 months maximum unless there involve factual controversy which require extensive evidence.
Expert Custody Lawyers at Hamza and Hamza Law Associate examines the facts of your case and accordingly offer the best possible strategy for obtaining the Guardian Certificate from the Court of law in shortest possible time. Contact us for Consultation.