1. Barriers in handling international parental child abduction in absence of Hague Convention Zafarullah Khan Barrister-at-Law

3. 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

4. Adverse Impact on children and society a form of child abuse and an extreme form of parental alienationparental alienation children suffer emotionally and physically Many are told the other parent is dead or has abandoned them

5. 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

6. It results in Depression Loss of community Loss of stability, security, and trust Excessive fearfulness Loneliness

7. Anger Helplessness Disruption in identity formation Fear of abandonment Reactive attachment disorder

8. 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 residencehabitual residence

9. 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 courtstatus quochild custody parent

10. Convention applies only to children under age of 16 Mechanisms: central authority

11. 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."

12. 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

13. 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)

14. More problems in AJK These shortcomings seriously undermine effectiveness of the Protocol

15. 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

16. When can I see daughter again? When can I see daughter again?

17. Writs High Court or Court of District or Sessions Judge Foreign Jurisdiction/travel High costs prohibitive Time safety

18. Guardianship suits Family courts Foreign Jurisdiction; time, travel High costs prohibitive Time False cases Threats to life

19. I can’t see my mom as there is no Hague Convention for me

20. Thanks Thanks