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Barriers in handling Barriers in handling international parental international parental child abduction in child abduction in absence of Hague absence of Hague ConventionConvention
Zafarullah KhanBarrister-at-Law
IntroductionIntroductionChild Abduction synonymous with international parental kidnapping, child snatching, child stealing, wrongful removal or wrongful retention
Refers to illegal removal of children from their home by an acquaintance or family member to a foreign country
Adverse Impact on Adverse Impact on children and societychildren and societya form of child abuse and an extreme form of parental alienation
children suffer emotionally and physically
Many are told the other parent is dead or has abandoned them
Abducted children are often even given new names to hide their real names
Abductions rob a child of sense of history, intimacy, values and morals, self-awareness, opportunity of knowing one's beginnings and love and contact of extended family
It results in It results in
DepressionLoss of communityLoss of stability, security, and trust
Excessive fearfulnessLoneliness
AngerHelplessnessDisruption in identity formation
Fear of abandonment Reactive attachment disorder
International Family International Family Law?Law?Hague Convention on the Civil
Aspects of International Child Abduction 1980
Convention is to ensure prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence
Primary intention of Convention is to preserve whatever status quo of child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court
Convention applies only to children under age of 16
Mechanisms: central authority
Convention on Rights of Convention on Rights of Child 1989Child 1989
Article 11 :Parties to combat illicit transfer and retention of children
and promote conclusion of bilateral or multilateral agreements
Article 35: States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction, sale or traffic of children for any purpose or in any form."
Alternate mechanismAlternate mechanism
Pakistan has not ratified Hague Convention 1980
K-Pakistan Protocol on Children Matters 2003
Concern for increasing number of cases of wrongful removals or retentions of children
Legal and administrative difficulties in securing return of abducted children/victims
Pakistan Protocol is not being used in Pakistan
Protocol does not have legal effectProtocol Orders are not made in
Pakistan Since Protocol, all returns from
Pakistan to the UK were either voluntary returns or, where ordered by Pakistani courts, without mention of the Protocol (with limited exception of the Misbah Rana case 2007)
More problems in AJKThese shortcomings seriously undermine effectiveness of the Protocol
Reunite International Reunite International Child Abduction Centre Child Abduction Centre report 2009 report 2009 It is difficult to identify the cases
which are Protocol-relateda Protocol Order or a “spirit of
the Protocol” Ordersome other types of Orders, are
not currently forwarded to the Pakistani Liaison Judge
When can I see daughter When can I see daughter again?again?
WritsWrits
High Court or Court of District or Sessions Judge
Foreign Jurisdiction/travel
High costs prohibitiveTime safety
Guardianship suitsGuardianship suits
Family courtsForeign Jurisdiction; time, travel
High costs prohibitiveTime False casesThreats to life
I can’t see my mom as there I can’t see my mom as there is nois noHague Convention for meHague Convention for me
ThanksThanks