As per Lawkidunya, In Pakistan, the procedure for obtaining permanent child custody involves several steps, which are outlined below:
Step 1: Filing a Petition
1. Submit an application: A parent or guardian seeking permanent child custody must submit an application to the relevant court, usually the Family Court or the Guardian Court.
2. Provide necessary documents: The applicant must provide necessary documents, such as the child’s birth certificate, marriage certificate (if applicable), and proof of residence.
Step 2: Court Proceedings
1. Initial hearing: The court will schedule an initial hearing to review the application and determine the next steps.
2. Notice to the other party: The court will issue a notice to the other party (usually the other parent) to appear in court and respond to the application.
3. Evidence presentation: Both parties will have the opportunity to present evidence and witnesses to support their case.
Step 3: Investigation and Report
1. Court-appointed investigator: The court may appoint an investigator to conduct an inquiry into the child’s welfare and circumstances.
2. Report submission: The investigator will submit a report to the court, which will be considered in making a decision.
Step 4: Court Decision
1. Final hearing: The court will schedule a final hearing to review the evidence, reports, and arguments presented by both parties.
2. Custody decision: The court will make a decision regarding permanent child custody, considering the best interests of the child.
3. Order issuance: The court will issue a formal order outlining the terms of the custody arrangement.
Step 5: Appeal (Optional)
1. Appeal filing: If either party is dissatisfied with the court’s decision, they may file an appeal with the relevant appellate court.
2. Appeal hearing: The appellate court will schedule a hearing to review the appeal and make a decision.
Additional Requirements
1. Court fees: The applicant must pay court fees, which vary depending on the court and the nature of the case.
2. Legal representation: It is recommended that parties seek legal representation to navigate the complex court process.
3. Documentation: All documents and evidence presented in court must be authenticated and verified.