As per Lawkidunya, In Pakistan, the procedure for obtaining temporary custody involves the following steps:
Filing a Petition
1. Filing a petition: A parent seeking temporary custody must file a petition with the family court, providing detailed information about the child, the reasons for seeking temporary custody, and the proposed arrangements for the child’s care.
2. Grounds for temporary custody: The petition must specify the grounds for seeking temporary custody, such as the child’s safety, well-being, or educational needs.
Serving Notice
1. Serving notice: The petitioner must serve notice of the petition on the other parent, providing them with an opportunity to respond and contest the application.
2. Notice period: The notice period is typically 7-14 days, depending on the court’s discretion.
Hearing
1. Hearing: The court will schedule a hearing to consider the petition and hear evidence from both parties.
2. Evidence: The parties may present evidence, including witness statements, medical reports, and other relevant documents.
3. Arguments: The parties’ lawyers will present arguments in support of their clients’ positions.
Court Decision
1. Court decision: The court will make a decision on the temporary custody application, taking into account the child’s best interests, the parties’ circumstances, and other relevant factors.
2. Temporary custody order: If the court grants temporary custody, it will issue an order outlining the terms and conditions of the arrangement.
Appeals
1. Appeal: Either party can appeal the court’s decision to a higher court, such as the High Court or Supreme Court.
2. Appeal process: The appeal process involves filing a notice of appeal, preparing and submitting appeal documents, and attending a hearing before the appellate court.
Key Documents
1. Petition: The petition for temporary custody, which outlines the grounds for the application and the proposed arrangements for the child’s care.
2. Notice: The notice served on the other parent, informing them of the petition and providing an opportunity to respond.
3. Affidavit: An affidavit sworn by the petitioner, providing evidence in support of the application.
4. Court order: The temporary custody order issued by the court, outlining the terms and conditions of the arrangement.
Timeline
1. Filing petition: 1-3 days
2. Serving notice: 7-14 days
3. Hearing: 1-3 months
4. Court decision: 1-3 months
5. Appeal: 3-6 months (optional)
Note: The timeline may vary depending on the court’s workload, the complexity of the case, and other factors.