Guardianship Laws in Nepal: Ensuring Best Interest of The Child

Introduction:

Let’s explore the guardianship laws in Nepal and how they ensure the best interests of children.

The Act Relating to Children, 2075 (2018):

This act amends and consolidates laws related to children in Nepal, aiming to protect, promote, and fulfill their rights.

Key Definitions:

Orphan Children: Children without parents as defined by prevailing laws.

Children in Conflict with Law: Children accused or convicted of offenses by the Juvenile Court.

Diversion: Process of handling accused children outside formal judicial proceedings.

Family: Various relatives living together in an undivided family.

Children: Individuals below the age of eighteen.

Violence Against Children: Acts specified in Section 66 of the act.

Child Custody After Divorce:

The Muluki Civil Code 2074 outlines child custody laws in Nepal. The court prioritizes the child’s best interests, ensuring both parents share financial responsibility and maintain relationships with the child.

Curatorship (Mathbar):

If a minor lacks a guardian, any person can act as a curator (guardian). The curator is responsible for the minor’s maintenance, health, education, care, and property protection until they reach eighteen. Guardians must act in the child’s best interests and seek court approval for major decisions.

Guardianship During Emergencies:

Ensuring the safety and well-being of children during emergencies is crucial. Here are some guidelines:

Immediate Safety Measures:

• Priority: Ensure the child’s immediate safety. If a parent or guardian is unavailable due to an emergency, a trusted family member, friend, or neighbor should step in.
• Temporary Guardianship: Designate someone capable of providing care, protection, and support. Document the arrangement with a simple written agreement, specifying the duration and responsibilities.
  

Communication:

• Notify Authorities: Inform local authorities about the situation for guidance and resources.
• Schools and Caregivers: Notify the child’s school or daycare about the temporary guardianship and provide emergency contact information.

Health and Medical Needs:

• Medical Consent: Ensure the temporary guardian can make medical decisions for the child.
• Medical Records: Share relevant medical information, allergies, medications, and emergency contacts with the temporary guardian.

Basic Necessities:

• Shelter and Food: Arrange for suitable shelter and provide necessary supplies (food, clothing, etc.) for the child.
• Education: If the emergency disrupts education, explore alternative learning options like online classes or homeschooling.

Legal Formalities:

• Court Orders: If the emergency persists, consider obtaining a court order for temporary guardianship for legal clarity and protection.
• Permanent Guardianship: If the parent or guardian cannot resume their role, explore the possibility of permanent guardianship through legal channels.

Final Thought

Understanding and following guardianship laws in Nepal ensures the best interests of children. If you have specific questions or need further details, consult legal professionals specializing in guardianship matters.

For more information on guardianship laws in Nepal or to get personalized advice, visit our website or contact our legal experts today.