# Custody is not guardianship.

> 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). A court can appoint or declare a guardian of the person, the property or both under section 7 of the Guardians and Wards Act, guided by the child's welfare (s.17).

- Topic: Family
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/custody-is-not-guardianship
- Published by FAI Legal on 2026-10-12

## 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.

- **You** The person who wants to be the guardian.
- **Family or friend** Any relative or friend of the child.
- **The Collector** Of 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)

## Person or property?

Section 7, Guardians and Wards Act.

- **Person** A guardian of the child's person.
- **Property** A guardian of the child's property.
- **Or both** The court appoints or declares one, if it is for the child's welfare.

## What the court weighs.

Section 17(2).

- **The child** Age, sex and religion.
- **You** Character, capacity and how near you are in kin.
- **The past** A deceased parent's wishes, and your ties with the child or the property.

## Welfare comes first.

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

- **Welfare** The court is guided by the child's welfare, under the child's personal law.
- **The child's wish** If old enough to form an intelligent preference, the court may consider it.
- **Not forced** No one is made guardian against his will.

## How it works.

Three steps, in this order.

- **Apply** You, a relative or a friend (s.8).
- **Welfare** The court weighs the child's welfare (s.17).
- **Order** Guardian of the person, property or both (s.7).

## Read your order.

Its terms bind you.

- **Travel** An order can bar taking the child abroad without the court's permission.
- **Breach** Breaking 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.**

## Sources

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

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