Barriers in handling
international parental child
abduction in absence of
Hague Convention
Zafarullah Khan
Barrister-at-Law
Introduction
 Child 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 children
and society
a
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
 Depression
 Loss
of community
 Loss of stability, security, and
trust
 Excessive fearfulness
 Loneliness
 Anger
 Helplessness
 Disruption
in identity
formation
 Fear of abandonment
 Reactive attachment disorder
International Family 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 Child
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 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 effect
 Protocol 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 AJK
 These shortcomings seriously
undermine effectiveness of the
Protocol
Reunite International Child
Abduction Centre report 2009
It is difficult to identify the cases which
are Protocol-related
 a Protocol Order or a “spirit of the
Protocol” Order
 some other types of Orders, are not
currently forwarded to the Pakistani
Liaison Judge

When can I see daughter again?
Writs
 High
Court or Court of
District or Sessions Judge
 Foreign Jurisdiction/travel
 High costs prohibitive
 Time
 safety
Guardianship suits
 Family
courts
 Foreign Jurisdiction; time,
travel
 High costs prohibitive
 Time
 False cases
 Threats to life
I can’t see my mom as there is no
Hague Convention for me
Thanks