Adv Ch Shahid Bhalli

Procedure For Obtaining Permanent Child Custody in Pakistan

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.

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