Child custody is a hot issue after parents get divorced. If they can’t decide about the custody of their children, they file a suit in the District Courts. At ejustice.pk, you can learn the full procedure of how to apply for full custody of your children.
- The applicant for guardianship of the minor should apply to the District Court of the jurisdiction in which the minor resides.
- The applicant for guardianship of the minor’s property should apply to the District Court of the jurisdiction in which the minor resides or to the District Court of the jurisdiction where the property is located.
- When the applicant for the guardianship of the minor’s property makes the application in a District Court other than the District Court of the jurisdiction in which the minor resides, the Court can return the application if it thinks any other District Court can handle it more conveniently.
The application can be made by a petition, signed, and verified. It should contain:
- 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 it resides
- 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
Or else, the application can be made by the collector. It is the letter addressed to the Court. The collector forwards it by post or any other convenient method. It also contains the particulars mentioned above.
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The application for guardianship also contains a declaration about the person to act as a guardian. The person must sign it, and it is also attested by two witnesses.
When the Court is satisfied that the application has enough ground for proceeding, it fixes a date for the hearing. The Court also produces a notice of the date of the hearing. The notice of the hearing is served to
- Parents of the minor, if they reside in Pakistan
- If any person named in the petition as having custody of the minor or its property
- The person proposed in the petition to be appointed as guardian or declared as guardian, unless the person is not the applicant
- Any other person that the Court thinks that special notice should be given
The notice of hearing is also posted in the courthouse at some prominent places and at the minor’s residence. Or else, the notice is published in any other manner that the Court thinks fit.
On average, it takes three to five years in Court to decide full custody of your child in Pakistan.
Our experienced family lawyers can better assist you in how to apply for full custody of your child in Pakistan. Getting the services of an experienced professional is necessary to conclude the case fast. Don’t hesitate to discuss your case with us over a phone call or on WhatsApp. Also, you can submit your query to us by filling out the form below.