Obtaining Guardianship Certificate in Pakistan 2026
As of year 2026, a guardian certificate in Pakistan is a legal document issued under the Guardians and Wards Act, 1890.
This certificate authorizes a person to act in respect of a minor’s person, property, or both.
Both Family Courts and Guardian Courts have jurisdiction to issue guardianship certificate.
While appointing a guardian, the welfare of the minor is always considered the paramount consideration.
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What is a Guardianship Certificate in Pakistan?
Under the Guardians and Wards Act, 1890, a guardianship certificate is an official document issued by the Family Court or Guardian Court appointing a person as the guardian of a minor.
It is commonly used for taking care of the minor, school admissions, documentation, issuance of smart cards and passports, visa processes, taking a child abroad, opening bank accounts, managing the property of the minor, and for almost all dealings with government or private institutions on behalf of the minor.
While appointing a guardian, the welfare of the minor is always considered the paramount consideration.
Who Can Apply for a Guardianship Certificate in Pakistan?
Following persons can apply for obtaining guardian certificate in Pakistan
- Father of minor
- Mother of minor
- De facto guardian
- Relatives of the minor
- Any person who has an interest in the welfare of the minor.
But in every case, while appointing a guardian, court always consider welfare of the minor as paramount consideration.
Documents Required For Filing Guardianship Petition
Documents that are essential to file a case of guardianship certificate, whether from a Family Court or Guardian Court, are as under;
- Identity documents such as CNIC for Pakistani or Passport in case of Overseas Pakistani or Foreign nationals.
- Proof of relation with the child, such as a birth certificate for the child.
- Proof of marriage if the father or mother wishes to be a guardian.
- Special Power of Attorney if the case is being filed through an agent or attorney. This happens when the person who wishes to be a guardian resides outside Pakistan.
- Any other document that can prove that the welfare of the minor is with him.
How to Obtain a Guardianship Certificate in Pakistan
Below is the step-by-step process for obtaining a guardianship certificate from the Guardian Court or Family Court.
- Filing of a Guardian petition: Filing an application before the Guardian Court of Family Court of the relevant jurisdiction, i.e., where minors are residing or ordinarily used to reside. Both courts have the jurisdiction to adjudicate and issue guardianship certificates in Pakistan.
- Publication in Newspaper: A publication will be made in a newspaper, as selected and ordered by the Court, to invite objections from the public at large, if any.
- Summoning of respondent (If any): Notices are served upon the respondent, and the respondent will be summoned to the Court to submit his reply if he wants to.
- Written Reply (If contested): After receiving the notices if respondent wants to contest petition. The court asks him to file reply in writing.
Ex-parte proceedings: If, even after receiving notices, the respondent chooses not to appear before the Court on the date fixed, the Court shall proceed ex parte against him, i.e., one-sided proceedings.
- Pre-Trial Reconciliation (If contested): After receiving the reply, the Court fixes the case for pre-trial reconciliation and gives the parties an opportunity to reconcile the matter.
- Recording of Evidence: In case of failure of pre-trial reconciliation or initiation of ex parte proceedings, the Court fixes the case for recording of evidence, i.e., for the tendering of oral and documentary evidence.
- Post-trial Reconciliation: Under Section 12 of the Family Courts Act, 1964, the Court shall make another effort at reconciliation after the conclusion of evidence.
- Passing of Order, Judgement and Decree: After the closure of evidence and failure of post-trial reconciliation, the Court shall hear final arguments and pass its final order, judgment, and decree.
- Submission of Surety: The court may ask the appointed guardian for tendering surety bonds or personal surety, as the case may be before issuance of guardianship certificate.
- Issuance of Guardianship Certificate After submission of the surety bond or furnishing of personal surety, as per the Court’s order, and upon its satisfaction, the Court issues the guardianship certificate.
How to Get Guardianship Without Going to Court
If a person is not available in Pakistan, or even if they are in Pakistan but unable to attend court for valid reasons, they can apply for a guardianship certificate without going to court through a special power of attorney (learn more about Special power of attorney).
The person wishing to be appointed as guardian can designate someone as their agent or attorney via a special power of attorney. If the power of attorney is executed abroad, it must be attested by the relevant embassy or consulate. It must be on stamp paper of the proper value if it is local.
Evidence can be recorded via the e-court system using Skype video calls. This is how a person can obtain a guardianship certificate without attending court in person.
Permission to Take Child Abroad with Guardianship Certificate
After obtaining the guardianship certificate, if the guardian wishes to take the ward/minor abroad for any reason, such as studies, tours, Umrah, casual visits, or holidays, they can submit an application for permission to take the minor abroad to the same court that issued the guardianship certificate.
After completing certain formalities, the court may grant permission if deemed appropriate.
The permission can either be time-limited or without any time limit, depending on the circumstances of the case and the request made by the applicant.
The court may also require an additional surety bond as a condition for granting permission.
Guardianship Certificate for Overseas Pakistanis
Overseas Pakistanis can also apply for a guardianship certificate without returning to Pakistan. The same procedure will be followed as if they are in Pakistan, but with two additional legal mechanisms.
- Special Power of Attorney: An overseas Pakistani has to appoint a representative through a Special Power of Attorney. This representative will represent the proposed guardian in Court, attend hearings, and manage the entire process on their behalf.
- E-Court System: When the stage comes where the Court requires personal statements or evidence, those will be tendered through video calling using the E-Court system.
At LEX, these matters are handled very diligently, as the family lawyers at LEX provide services from the drafting of the Special Power of Attorney till the issuance of the final guardianship certificate. We encourage our readers to contact us directly by filling out the consultation form or by calling or messaging us on WhatsApp for instant consultations.
Guardian Certificate 2026 Sample in Pakistan
Here is a sample of a guardianship certificate for reference purposes only. Please note that this is not an official document issued by the court. It is provided solely to give you an idea of what the certificate may look like.
Guardianship of An Adopted Child
The adoptive parents must obtain a guardianship certificate from the Family Court or Guardian Court. Here you can read more about Child Adoption in Pakistan.
How LEX Can Assist You Obtaining Guardianship Certificate
M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to provide valuable insights to the general public but do not regard this content as legal advice. However, for personalized guidance or assistance with legal matters, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.
Understanding Guardianship in Pakistan
In Pakistan, guardianship refers to the responsibility of taking care of a ward’s person, property, or both. Courts consider the welfare of the minor when appointing a guardian, considering factors like age, sex, religion, and the relationship between the guardian and the minor.
Who Is a Guardian Under Guardianship Law in Pakistan?
The definition of “guardian” under THE GUARDIANS AND WARDS ACT, 1890 is;
“guardian” means a person having the care of the person of a minor or of his property, or of both his person and property”
Types of Guardians in Pakistan
There are three types of Guardians under Pakistani law;
De Facto Guardian
A de facto guardian is not legally appointed or recognized by the court as a guardian but has voluntarily taken responsibility for the care and property of a minor. This can be observed in the judgment reported in 2015. PLD 46 also defined it as A “de facto guardian” is someone who, without being a legal or court-appointed guardian, voluntarily takes charge of a minor’s person and property.
Limits of a De Facto Guardian:
The Supreme Court has ruled that a de facto guardian has no legal authority to transfer a minor’s rights or interests in immovable property. Whereas, the judgment reported in 2009 PLD 751 SUPREME COURT limits it by holding that A de facto guardian who is neither legal nor court-appointed has no authority to transfer any right or interest in a minor’s immovable property. Only persons entitled as guardians of the minor’s property have such power.
Natural Guardian:
A natural guardian is a person legally entitled to care for a minor. Under Muslim law, the natural guardian is typically the father, but in his absence or incapacity to act as a guardian, the mother is the natural guardian. Natural guardianship is based on a parental relationship.
Guardian ad litem:
Guardian for the suit is also called as “Guardian ad litem”; the Latin term “ad litem” means “for the lawsuit”.
Guardian ad litem, Next friend or Guardian for the suit, are appointed to provide proper representation to a minor or a person with unsound mind during litigation, in order to protect his interests. Their role is limited to the particular litigation or legal action. Reliance is placed on 2024 CLD 708.
Guardian ad litem is different from Guardian of the person or property.
Who Is a Ward (minor) Under the Guardian and Ward Act, 1890?
- Under the Guardian and Ward Act, 1890: “ward” means a minor for whose person or property, or both, there is a guardian.”
- According to D.F. MULLA’s Principles of Muhammadan Law, Section 235, a minor is a person who has not reached the age of eighteen.
- Under the Majority Act of 1875, every other person domiciled in Pakistan shall be deemed to have attained his majority when he has completed his age of eighteen; below eighteen is a minor.
Kinds of Guardianships Certificate in Pakistan
There are two kinds of Guardianships recognised under Pakistani law of guardianship:
- Guardian of a person:
The guardian of a person is responsible for the care, upbringing, and welfare of a minor, including decisions related to education, health, and daily living.
- Guardian of property:
On the other hand, the guardian of property manages the minor’s assets, finances, and property, ensuring they are preserved and used in the minor’s best interest.
- Or both:
The same guardian can be appointed for both as well.
Family Laws in Pakistan Related to Guardianship
Following are the main enactments that deal with guardianship matters and the issuance of guardian certificates;
- Section 4: Defines the guardian as a person responsible for a minor and/or their property.
- Section 7: The court can appoint a guardian for a person, property, or both.
- Section 8: Deals with the persons who can apply to the court for their appointed as a guardian.
- Section 17: Tells the factors needed to be considered while appointing a guardian, such as the minor’s welfare, age, religion, and guardian’s capacity.
- Section 25: Claiming custody of the minor in the minor’s best interests.
- Section 27: Duties and obligations of a guardian.
- Section 29: limitations on the powers of a guardian, such as a guardian cannot sell or transfer the minor’s property without court approval or against his interests.
- Section 39: Deals with how and when a guardian can be removed, such as if the guardian misuses their authority or acts against the minor’s welfare.
Guardianship Under Muslim Law
As per the Principles of Mahomedan Law by D.F. Mulla, the guardianship of a minor’s person and property must be handled carefully, keeping in view the welfare of the minor. It defines a minor as anyone under the age of 18 (Section 235). The Court may appoint or declare someone to manage the minor’s personal care, property, or both (Section 236).
When appointing a guardian, the Court must consider the minor’s welfare as a paramount consideration, considering factors like the child’s age, sex, and the suitability of the proposed guardian. It also considers the wishes of any deceased parent and the relationship between the guardian and the minor (Section 237). Additionally, if the minor is old enough to express his clear preference, the Court may also consider the child’s wishes as long as they align with his best interest.
Contents of Application for Guardianship
- The name, sex, religion, date of birth and ordinary residence of the minor.
- Where the minor is a female, whether she is married and, if so, the name and age of her husband.
- The nature, situation and approximate value of the property, if any, of the minor.
- The name and residence of the person having the custody or possession of the person or property of the minor.
- What near relations the minor has and where they reside.
- Whether a guardian of the person or property, or both, has already been appointed.
- Whether an application has previously been made, when, to what Court and with what result.
- Whether the application is for appointment or declaration of guardian of person, property or both.
- The qualifications of the proposed guardian or the grounds on which that person claims.
- The causes which have led to the making of the application.
- If made by Collector, it shall state as far as possible the same particulars.
- It must be accompanied by a declaration of willingness of the proposed guardian, signed by him and attested by at least two witnesses.
Difference Between Guardianship and Custody
There are clear distinctions between guardianship and custody as per the legal authority, responsibility, duration, appointment, and financial control. The following chart below will explain these distinctions in more detail;
| Guardianship | Custody |
|---|---|
Guardianship grants legal authority over the ward’s personal or property affairs or both. |
At the same time, custody focuses on the obligation to care for the minor and make decisions about his daily needs, such as education and health. |
A guardian manages the ward’s welfare and property. |
whereas a person with custody is primarily responsible for the child’s upbringing and day-to-day care without property management authority. |
Guardianship typically lasts until the minor reaches the age of majority (18 years) or is revoked by the court. |
Custody can be temporary or permanent but is more often related to family disputes like divorce or separation. |
Guardianship is usually court-appointed or legally recognised. |
Custody may be automatically granted to a parent or decided through family courts during divorce or separation proceedings. |
A guardian may control the minor’s finances and property |
A person with custody has no rights over the minor’s property unless they are also the legal guardian. |
Conclusion
Guardianship certificate in Pakistan is issued by a Family Court or Guardian Court. While appointing a guardian, the Court’s singular focus is the welfare of minor. The scope of guardianship is not limited to parents and relatives only; any person who has an interest in the welfare of the minor can apply. Guardianship is also a legal route in cases of adoption, as it allows adoptive parents to manage all the affairs of the adopted child as if they were the biological parents. Overseas Pakistanis can also do the entire process remotely through a Special Power of Attorney and using E-Court system without their need to return Pakistan. If you need legal assistance, contact LEX via call or WhatsApp at +92-310-8888539 or email info@lex.com.pk.
Submit Your Query
Frequently Asked Legal Questions
What is a guardianship certificate and when it is required?
It is legal document issued under Guardians and Wards Act, 1890 that authorizes an individual to act as legal guardian of a minor’s person, property or both. Both Family Courts and Guardian Courts in Pakistan has jurisdiction to issue guardianship certificate.
It is commonly required for taking a minor abroad, managing minor’s estate, managing inherited property, applying for smart card, passport or Visa, representing a minor in courts, embassy, or government and private institutions.
What documents are needed to apply for guardianship in Pakistan?
Basic documents needed while applying for a guardianship certificate in Pakistan are:
- Your CNIC or passport
- Birth certificate or B-Form of Minor
- Nikahnama or Marriage Certificate
- Special Power of Attorney only when you are applying remotely.
Can I take a minor abroad with a guardianship certificate?
A guardianship certificate alone is not sufficient to take minor(s) abroad. After obtaining certificate, you have to file and application for seeking permission to take minor abroad.
Along with traveling abroad, permissions to apply for passport and visa can also be sought in the same application.
Can I get a guardianship certificate without going to court?
Yes. If you live abroad, or if you are unable to attend court for some genuine reasons, you can apply for and obtain a guardianship certificate without going to court.
You can appoint someone through Special Power of Attorney who will file your case and your statements and evidence can be recorded through video call using e-court system.
Who is a de facto guardian in Pakistan?
A person who was neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called “de facto guardian“. Reliance is placed on 2015 PLD 46.
Who is considered a natural guardian under Muslim law?
Under Pakistani law, father is the natural guardian. However, the prime consideration for court while deciding guardianship is always welfare of minor. Reliance is placed on 2018 SCMR 427 and 2008 SCMR 480.
How do I apply for a guardian certificate if I'm outside Pakistan?
If you are outside Pakistan, you can file application for appointment as guardian through Special Power attorney where your attorney will file the petition on your behalf, and your own evidence is recorded remotely through the e-court’s video calling system.
How long does it take to get a guardianship certificate in Pakistan?
It typically takes 4 to 6 weeks from filing until the issuance of the guardianship certificate in an uncontested matter.
In contested matters, it can take longer. However, the Family Courts Act, 1964 gives clear directions to Family Courts to aim to resolve cases within six months.
Is a newspaper publication required for a guardianship certificate?
Yes. Because we make the “Public at Large” a party to the case, the Court typically directs you to publish a notice in a newspaper to invite objections from the public, if any.
The Court usually selects the newspaper in which the publication is to be made.
What is the difference between guardianship and custody?
Guardian is a person who is appointed by the Court. Guardianship is a legal status that lasts till the minor attain age of majority unless revoked earlier by court. It can be of the minor’s person, property, or both. Whereas, custody is a day-to-day responsibility for raising the child, and a custodian has no authority over the child’s property unless they are also appointed as a legal guardian.
What is the difference between guardianship and adoption?
In Pakistan, adoption is not recognized in the Western legal sense. An adopted child cannot be added to the family lineage or take inheritance rights. So, guardianship is the mechanism that is used instead. An adoptive parent, through a guardianship certificate, can legally take responsibility for an adopted child without changing the child’s biological identity or inheritance rights.
What is the difference between a guardianship certificate and a Family Registration Certificate (FRC)?
A Family Registration Certificate (FRC) is a document that is issued by NADRA; it reflects family composition only. Whereas, a guardianship certificate is a legal document issued by the Court that grants authority over a minor’s person or property. Both are entirely different.
What factors does the court consider before granting guardianship?
Paramount consideration while appointing a guardian is always the welfare of the minor in every guardianship case. The Court also gives weight to some other factors, such as the minor’s age, sex, and religion, and the character and financial capacity of the proposed guardian. The minor’s own wishes also carry some weight if he is old enough to make a clear preference, but it is not binding on the Court.
Can a guardian be removed after being appointed?
Yes. The Court can order the removal and replacement of a guardian under Section 39 of the Guardians and Wards Act, 1890 if he is found to be negligent, abusive, or acting against the minor’s welfare.
When does guardianship end in Pakistan?
Guardianship ends when a minor/ward attains the age of majority as per the Majority Act, 1875. Generally, a person is considered an adult at 18 years of age. But if a court has already appointed a guardian for a minor/ward, or if the property or minor is superintended by a court, then the age of majority is extended to 21 years of age.
Can a mother get legal guardianship of her child after divorce?
Yes. A mother can be appointed as guardian of a minor after divorce. Divorce is not a condition, a mother can be appointed as guardian where the father is deceased, unfit, or unable to act as guardian, and where the Court deems it fit that it is in the welfare of the child.
What is the cost of obtaining a guardianship certificate in Pakistan?
The cost and fee varies from case to case. It depends on how many hearings are required and whether the matter is contested or not. The lawyer’s experience is also a major factor. We appreciate you contacting us directly or filling out the form so that we can quote you a fee after assessing your matter.
Guardianship certificate kya hota hai aur kaise banta hai?
Guardianship certificate ek qanooni dastawez hai jo Guardian Court ya Family Court jari karti hai, jis ke zariye kisi shaks ko kisi nabaligh bachay ki zaat, jaidad, ya dono ka qanooni guardian bana diya jata hai. Ye certificate hasil karne ke liye darkhwast guzar ko adalat mein petition file karni hoti hai, adalat ki karwai ke baad certificate jari kar deti hai.
Can someone other than a parent apply to become a guardian?
Guardianship is not limited to biological parents. Any person, such as grandparents, siblings, relatives and non-relatives can apply for guardianship. It is for the Court to decide whether it is in the welfare of the minor to appoint such a guardian.
In fact, this is the legal mechanism using which the adopted parent(s) becomes guardian of adopted child.
Is a minor's own preference considered in a guardianship case?
Yes, if a minor is old enough to express his preferences, the voice of the child and his intelligent preferences can be taken into consideration. However, the minor’s wishes are not binding on the Court. The decision of the Court is ultimately based on the child’s welfare and best interests. Reliance is placed on 2026 CLC 92 and 2026 PLD 332.
Who is a Guardian ad Litem?
Guardian for the suit is appointed by a court specifically for the duration of legal proceedings and his role is temporary and limited to the particular lawsuit or legal matter. Also known as “next friend” or “guardian for the suit”. Guardian ad litem is different from Guardian of the person or property.
When can a Pakistani court refuse to appoint a guardian?
Under Section 19 of the Guardians and Wards Act, 1890, a court may refuse to appoint guardian:
- Where the minor’s property is already under the superintendence of the Court of Wards.
- Where the minor is a married female and her husband is fit to act as her guardian.
- Where the Court of Wards is already competent to appoint a guardian of the minor’s person.
What information must a guardianship petition include?
- Details of the minor (name, gender, religion, date of birth, residence)
- If female, whether married and husband’s details
- Details of minor’s property (nature, location, value)
- Details of person currently having custody of minor/person or property
- Details of close relatives and their residence
- Whether any guardian already appointed earlier
- Previous guardianship applications (if any) and their outcome
- Whether application is for person, property, or both
- Details and qualifications of proposed guardian (if any)
- Grounds/reasons for seeking guardianship
- Any other relevant information required by the Court
- Proposed guardian’s written consent and willingness (signed + 2 witnesses)
Can guardianship be granted to someone other than the husband if the ward is a married minor?
Yes, in certain circumstances. But the applicant must state specific reasons that why the husband is not suitable to act as her guardian.
Reviewed by Muhammad Azam Zafar Khan Advocate High Court Co-founder LEX. | May 2026
Note:
While we strive to provide accurate information, please note that the details in this article may contain human errors and are not meant to serve as legal opinion or advice. This content is purely for informational purposes. If you have a specific legal query or need further clarification, we warmly invite our valued readers to reach out to us by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.
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