When parents separate or divorce, questions about who will take care of the children, who will make decisions for them, and how much time each parent can spend with the child become very important.
In such situations, Pakistani family laws provide a clear legal process.
You can file a petition under Sections 7, 17, and 25 of the Guardian and Wards Act, 1890, to gain custody, visitation rights, or legal guardianship of a minor.
This article explains how the law works and how you can apply for interim custody or visitation simply and clearly.
Understanding the Relevant Sections of the Act
1. Section 7 – Application for Appointment of Guardian
This section allows a person to apply in the family court to be appointed as a legal guardian of a minor.
It applies when the child is under 18 years old and needs someone to make decisions about their care, education, and property.
2. Section 17 – Court’s Criteria for Choosing a Guardian
Under this section, the court considers multiple factors to determine who would be the most suitable guardian.
The child’s best interest is the main concern. The court looks at:
- The relationship between the minor and the applicant
- The applicant’s financial position, character, and ability to care
- The age, gender, and religion of the child
- Any wishes expressed by the child (if old enough)
Read in more detail about section 17 here.
Section 25 – Custody and Return of the Minor
This section deals with custody.
If someone is unlawfully keeping a minor, the rightful guardian can file a petition under Section 25 to get the child back.
It also applies when a parent seeks permanent custody after separation or divorce.
Need help with child custody? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
Application for Interim Custody and Visitation Rights
While the main case is being heard in court, the applicant can file a separate application for interim custody or visitation rights.
This allows them to spend time with the child or temporarily take care of them while the final decision is pending.
The court may grant:
- Interim Custody: Temporary custody until the final verdict is given
- Visitation Schedule: Specific days and times for the other parent to meet the child, such as on weekends or during school holidays
This ensures the child continues to have a relationship with both parents and avoids emotional stress.
Who Can File the Petition?
The following individuals can file petitions under these sections:
- A biological parent seeking custody or visitation
- A close relative, such as a grandparent, uncle, or aunt, if the parents are absent or unfit
- The current guardian seeking a legal declaration
- A parent being denied visitation rights is unjust
How to File the Petition in Court – Complete Process
Here is a simplified version of the legal process:
1. Draft the Petition
The petition should include full details about the child, your relationship with them, reasons for seeking custody or guardianship, and any concerns about the other parent (if applicable).
2. Submit the Petition in Guardian Court
The case must be filed in the Guardian Court of the area where the child resides.
3. Request for Interim Custody or Visitation
Along with the main petition, an application for interim relief should be submitted so the court can make an early decision while the main case continues.
4. Court Hearings
Both parties will present their sides. The judge may speak to the child (depending on their age) and evaluate both parties.
5. Final Judgment
The court will issue an order based on the welfare and best interests of the child.
Conclusion
Petitions under Sections 7, 17, and 25 of the Guardian and Wards Act, 1890, are essential legal tools for any parent or guardian seeking legal custody, guardianship, or visitation rights.
The goal of the law is to protect the minor and ensure they grow up in a healthy, loving environment.
If you’re going through a separation or your visitation rights are being denied, filing the right petition in family court can help you stay connected with your child and take part in their upbringing legally and fairly.
Need help with child custody? Contact our experienced family lawyers or call us at +92 333 7703712 today for expert legal guidance and quick support in court.
