Yes, a mother can take her child abroad alone, even without the father’s permission—but only after completing the legal process. If the mother is divorced or separated, she doesn’t automatically have full legal authority (called guardianship) over the child, even if the child lives with her. This means that she can’t make certain decisions, like applying for a passport or travelling internationally, without first getting legal approval.
Common Questions from Single Mothers in Pakistan
Many single mothers reach out to us with similar concerns. Here are some of the most common questions they ask:
- Can I take my child outside Pakistan without the father’s permission?
- Is it legal for a single mother to travel with her child without guardianship?
- What if the father refuses to let the child travel abroad?
- Can the father legally stop me from taking the child out of Pakistan?
- Do I need the court’s permission to travel with my child?
- I am separated or divorced and plan to settle abroad with my kid, will the court allow me permission to permanently settle with my kid abroad?
If you’re facing any of these questions, you’re not alone. This guide will help you understand the legal steps you need to take to travel abroad with your child after separation or divorce.
Father is natural guardian by default
In Pakistan, the father is usually considered the natural guardian by default. Because of this, the mother may face problems if she tries to:
- Apply for her child’s passport or its renewal
- Get a visa for the child
- Travel internationally with the child
- Settle abroad with the child
What Should the Mother Do?
To travel abroad legally and avoid delays, the mother should:
- Apply for a Guardianship Certificate from the family court, which gives her legal responsibility and full control over the child.
- After receiving the guardianship, she can apply for permission from the court to take the child abroad, whether it’s for a short trip or a permanent settlement.
Once the court grants permission, the mother is legally allowed to travel abroad with her child and father’s approval or permission is no longer required.
What is a Guardianship Certificate?
A Guardianship Certificate is an official document issued by the court that gives the mother legal authority over her child. This certificate shows that the mother is responsible for making important decisions about the child’s welfare, including travel.
Once you have the certificate, you can apply for your child’s passport, visa, and permission to travel.
When is Court Permission Needed?
If the mother is divorced or separated and the father is not cooperating, the court’s permission becomes necessary. In such cases, the mother cannot get the passport or travel documents from NADRA or the passport office without a court order.
Even if the father is not involved in the child’s life, legal guardianship is still required. Only the court has the authority to transfer legal responsibility to the mother.
Required Documents for Guardianship Certificate
To apply for a Guardianship Certificate, you usually need the following:
- Copy of your marriage certificate (Nikahnama)
- Your CNIC (Computerized National Identity Card)
- Child’s birth certificate or other ID documents
- School fee receipts or any proof of the child’s expenses and upbringing
- Any legal documents showing separation or divorce
- Proof of maintaining the child in addition to school fee receipts
The exact documents may vary depending on your case, but these are the most common ones.
How to Get Permission to Travel Abroad with Your Child
Once you receive the Guardianship Certificate, the next step is to apply to the court for permission to travel abroad. Whether the trip is for a short vacation or a permanent move, the court’s approval is necessary.
You’ll need to provide details such as:
- Reason for travel (e.g., vacation, education, relocation, medical treatment)
- Duration of stay
- Travel dates and destination
- Visa application or acceptance letter from a foreign institution, if applicable
- Correspondence with immigration law if applicable.
The court will review your request and usually grant permission if from record provided, it is evident that mother is solely responsible to take care of child’s need and father is unfit to over wellbeing and best interest to child.
What If the Father Refuses?
If the father refuses to give permission, the court can still allow the mother to travel with the child. The court will consider factors like:
- Who currently has custody of the child
- Whether the father is involved in the child’s life
- Whether the trip is beneficial for the child
- Any history of domestic abuse or neglect
If the court finds that the child’s welfare is better served by traveling with the mother, it will allow the trip or travel even without the father’s consent.
Our Legal Support
We have helped many single mothers successfully get guardianship and court permission to travel abroad with their children, smoothly and quickly. Whether you’re planning a short trip or relocating permanently, we’re here to guide you every step of the way.
Need Help?
If you’re a single mother and want to apply for guardianship or travel permission, don’t worry, you’re not alone. Contact us today to book a consultation with our experienced family lawyers.
