Parental Abduction in Pakistan
What is Parental Abduction in Pakistan?
Parental Abduction in Pakistan is the rare and aggressive form of Kidnapping; where a parent kidnaps a child away from the other parent.
This crime usually takes place in child custody cases in Pakistan and deprives one parent their right to access their child.
Is a Parent Kidnapping their child crime in the courts of Pakistan?
Parental abduction is recognized in courts, and many high profile cases (such as Adnan Sami Vs Zeba Bakhtiar) have also taken place.
In the case mentioned, the father took the child to Dubai, then Canada. The wife then pursued the matter and recovered the child from Canada back to Pakistan. So, do not panic if you are facing this kind of issue, our well-versed Family Lawyers and Child Custody lawyers are at hand to assist you with your matter, 24 hours a day, 7 days a week!
Child custody in Pakistan is a very sensitive matter at the heart of its proceedings, as family courts do not necessarily follow standard civil court procedures (unless the courts deem it to be in the better interest and welfare of the minor).
What steps are taken to ensure the safe return of the child?
The steps which are usually taken for Parental Abduction in Pakistan are as follows
- The matter is submitted to a court of jurisdiction (if not done so already).
- The Court would then decide in favour of the affected parent.
- The Court would then issue a warrant to recover the other parent and the minor/minors in question.
This then completes the domestic side of the legal practice of Parental Abduction in Pakistan, What the affected parent is now left to do is to impose this judgment in the jurisdiction in question.
What to do next to Recover the Child?
Once the judgment is passed, the litigant now has to take attested copies of the Judgement, get them attested by the Ministry of Foreign Affairs and the Country the Child and Other Parent are in, and enforce the Judgement in that country.
This is where the matter gets a little complicated, as the country the minor and other parent is in may wish to try the case there first if they feel the welfare of the parent and minor are in jeopardy.
What are the steps taken if the Child has been taken to Pakistan away from the other parent?
If the Other Parent and the Minor are taken away from another Country to Pakistan, then the same steps in almost reverse order are applied:-
- The affected parent would submit their case here as an Overseas Matter, where documented attested would be submitted
- The matter would be tried before a competent court of jurisdiction, where the order to try the case in Pakistan or to extradite the Minor and other Parent would be Decreed.
- The Order would be passed and followed (The other party may wish to appeal this decision, in which case a higher court would follow the same procedure).
- The relevant authorities would be directed to execute the order passed by the court.
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