Custody is not guardianship.

Myth or fact?

What people often think.

• Myth: The child lives with me, so I can act for the child.
• Fact: Custody is day to day care. Guardianship is the duty to maintain the child and make legal transactions in the child's name (2021 MLD 817, Islamabad High Court).

Who can apply?

Section 8, Guardians and Wards Act.

• YouThe person who wants to be the guardian.
• Family or friendAny relative or friend of the child.
• The CollectorOf the district where the child lives or has property.

Quick quiz. Father alive.

Guess first, then swipe for the answer.

• A. Yes, if he asks
• B. No, not normally
• C. Only with the mother

Answer: B. Section 19(b).

The rule in the law.

“Nothing in this Chapter shall authorise the Court ... to appoint or declare a guardian of the person ... (b) of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor.”

Guardians and Wards Act, 1890 · Section 19, Guardian not to be appointed by the Court in certain cases

Person or property?

Section 7, Guardians and Wards Act.

• PersonA guardian of the child's person.
• PropertyA guardian of the child's property.
• Or bothThe court appoints or declares one, if it is for the child's welfare.

What the court weighs.

Section 17(2).

• The childAge, sex and religion.
• YouCharacter, capacity and how near you are in kin.
• The pastA deceased parent's wishes, and your ties with the child or the property.

Welfare comes first.

Section 17(1), (3) and (5).

• WelfareThe court is guided by the child's welfare, under the child's personal law.
• The child's wishIf old enough to form an intelligent preference, the court may consider it.
• Not forcedNo one is made guardian against his will.

How it works.

Three steps, in this order.

• ApplyYou, a relative or a friend (s.8).
• WelfareThe court weighs the child's welfare (s.17).
• OrderGuardian of the person, property or both (s.7).

Read your order.

Its terms bind you.

• TravelAn order can bar taking the child abroad without the court's permission.
• BreachBreaking it led to a mother's CNIC and passport being blocked (2025 CLC 544, Sindh High Court).

Raising a child?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My brother died and I am raising his son. Do I need a guardianship certificate to open his bank account?
• Draft a guardianship application under section 7.

Example questions

Sources

• Guardians and Wards Act, 1890 · Section 19
  Guardian not to be appointed by the Court in certain cases Pakistan Code