ISLAMABAD: For many single mothers in Pakistan, the dream of taking their children on an international holiday or relocating for better opportunities is often met with unexpected legal turbulence at the passport office or airport.
To demystify these hurdles, The Law Today Pakistan has released a comprehensive guide clarifying how mothers can legally navigate parental responsibility and border clearances.
The Custody Trap: Why Physical Custody Isn’t Enough
A common misconception among separated or divorced parents is that having physical custody (Hizanat) of a child automatically grants full legal authority. However, under the Guardian and Wards Act of 1890, the father is legally recognized as the “natural guardian.”
Even if a mother has raised the child alone for years or has an amicable custody agreement, she is not “legally vested” with parental responsibility in the eyes of state institutions. This legal gap is the primary reason why NADRA and Passport Offices frequently reject applications for a minor’s documents without the father’s presence or a specific court order.
From Custodian to Guardian: The Legal Path
To ensure a smooth journey, legal experts suggest a transition from being a simple custodian to a “court-appointed guardian.” This involves a two-step judicial process:
- Obtaining a Guardianship Certificate: Under Section 19 of the Guardian and Wards Act, the court can appoint the mother as the legal guardian if it is proven to be in the “best interest of the child.” This certificate serves as the primary proof that parental responsibility has been legally transferred.
- Specific Travel Permission: Once guardianship is secured, a mother must apply for a tailored “Permission to Travel Abroad.” This court order is designed to satisfy embassy and immigration requirements for either short-term visits or permanent moves.
Essential Paperwork
While individual cases vary, the following documents are essential to initiate the legal process:
- Relationship Proof: Nikahnama or a Divorce Certificate.
- Identification: CNIC of the mother and the child’s Birth Certificate (B-Form) or CRC.
- Proof of Care: Evidence that the mother is the primary provider, such as school fee challans or medical receipts.
Seeking Professional Guidance
Navigating the complexities of family courts can be daunting for single parents. The legal team at The Law Today Pakistan specializes in streamlining these processes, assisting mothers in obtaining Guardian Certificates for embassy-compliant permissions in the shortest possible time within framework of law of the land.
By securing the correct legal standing, single mothers can ensure that their international travels remain a source of joy and opportunity rather than a legal struggle.
For Legal Consultancy contact at: info@lawtoday.com.pk
