As per Lawkidunya, Filing for child custody in Pakistan involves several steps, which are outlined below. Please note that the specific requirements and procedures may vary depending on the jurisdiction and the specific circumstances of the case.
Step 1: Determine the Jurisdiction
1. Identify the court that has jurisdiction over the child custody case. In Pakistan, this is typically the Family Court or the Guardian Court.
2. Ensure that the court has jurisdiction over the child’s residence or the place where the child is currently living.
Step 2: Prepare the Petition
1. Consult with a lawyer specializing in family law in Pakistan.
2. Prepare a petition for child custody, which should include:
– Personal details of the parties and the child.
– Circumstances leading to the custody dispute.
– Reasons for seeking custody.
– Proposals for the child’s care and well-being.
3. Attach supporting documents, such as:
– Birth certificate of the child.
– Marriage certificate (if applicable).
– Divorce or separation documents (if applicable).
Step 3: File the Petition
1. Submit the petition to the relevant court, along with the required court fees.
2. Ensure that the petition is properly stamped and signed.
Step 4: Serve the Respondent
1. Arrange for the respondent (the other parent or guardian) to be served with a copy of the petition.
2. Ensure that the service is properly documented and witnessed.
Step 5: Attend the Court Hearing
1. Attend the court hearing, accompanied by your lawyer.
2. Present your case and evidence to the court.
3. Respond to any questions or concerns raised by the court or the respondent.
Step 6: Receive the Court Decision
1. Receive the court’s decision on the child custody petition.
2. Review the decision and ensure that it is in the best interests of the child.
Additional Requirements
1. Court Fees: Pay the required court fees for filing the petition and attending the court hearing.
2. Documentation: Ensure that all documents, including the petition and supporting documents, are properly stamped, signed, and witnessed.
3. Translation: If any documents are in a language other than Urdu or English, ensure that they are properly translated and certified.
Recommended Documents
1. Birth Certificate: Obtain a certified copy of the child’s birth certificate.
2. Marriage Certificate: Obtain a certified copy of the marriage certificate (if applicable).
3. Divorce or Separation Documents: Obtain certified copies of divorce or separation documents (if applicable).
4. Medical Reports: Obtain medical reports or certificates to support any claims of physical or mental incapacity.
5. Witness Statements: Obtain witness statements from family members, friends, or other relevant individuals to support your case.
It is essential to consult with a lawyer specializing in family law in Pakistan to ensure that the petition is properly prepared and filed.