Application for Interim Guardianship under Section 12

IN THE COURT OF THE LEARNED FAMILY JUDGE/GUARDIAN JUDGE, district

Family Suit (Guardianship) No. _____ of year

applicant_name ... Applicant

VERSUS

respondent_name and others ... Respondents

APPLICATION FOR INTERIM GUARDIANSHIP UNDER SECTION 12 GUARDIANS AND WARDS ACT 1890

Respectfully sheweth:

1. That this application is filed under Section 12 of the Guardians and Wards Act 1890 for grant of interim custody and protection of the person and property of the minor minor_name, pending the substantive proceedings for appointment of guardian under Section 17 of the said Act.

2. That minor_name is a minor child, presently aged minor_age years, and requires immediate protection and guardianship.

3. That the minor is the minor_relation of the Applicant and relationship_basis.

4. That the current_situation, which necessitates interim guardianship to protect the interests of the minor.

5. That the minor's parents parent_status, and therefore guardian_necessity.

6. That the minor's person and property require immediate protection from identified_risks.

7. That the Applicant is willing and capable of undertaking the guardianship of the minor. applicant_qualification.

8. That the grant of interim guardianship would be in the best interests and welfare of the minor welfare_reasons.

9. That the substantive proceedings for permanent guardianship are pending before this Honourable Court, and interim relief is necessary to protect the minor pending final determination.

10. That the Applicant has not committed any act prejudicial to the interests of the minor and is a fit and proper person to be guardian.

11. That no other person is in a better position than the Applicant to safeguard the interests of the minor.

12. That Section 12 of the Guardians and Wards Act 1890 confers power on the Court to make such orders as it deems fit for the temporary custody and protection of the person and property of a minor pending the appointment of a guardian.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Grant interim guardianship of the person of minor_name to the Applicant pending the final determination of the guardianship suit;

(b) Direct the Applicant to take custody and guardianship of minor_name with immediate effect;

(c) Grant interim guardianship of the property of minor_name to the Applicant, if applicable;

(d) Make such ancillary orders as deemed fit for the welfare and protection of the minor; and

(e) Pass any such further or other order as deemed just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of this application are true and correct to the best of my knowledge and belief, and nothing material has been concealed.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate