Guidance

Pakistan: child abduction

Updated 31 May 2021

Disclaimer

Any information contained in these pages relating to the legal system in Pakistan is provided for general information only and is not a substitute to the independent legal advice sought in Pakistan for specific information relating to individual cases. Some of the information may not be relevant to your circumstances or situation.

Summary

International parental child abduction is when one parent removes a child from the country where they are habitually resident and takes them to another country, without the consent of the other people who have parental responsibility for the child or in breach of a court order preventing their removal.

International parental child abduction is a criminal offence throughout the UK. Parental child abduction can be a traumatic experience not only for the children but for the left behind parent (s). When a child is abducted abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do and who to contact. This information is country specific, and is designed to help you make practical arrangements.

It supplements the general information on ‘International Parental Child Abduction’ which outlines what the FCDO can and cannot do to assist in child abduction and child custody cases. Please note the FCDO can’t rescue/re-abduct your child and we strongly advise against you re-abducting your child or paying a company to do this for you. This may be illegal and could put you and your child at risk and legal complications.

Consider reporting the incident to police in the UK and Pakistan

Although abduction of a child from the UK to Pakistan is not automatically considered a crime locally, we encourage you to report your concerns to your local police both in Pakistan and the UK if you have not already done so. If you do report the abduction to the police in the UK, you should ask to speak to a Child Protection Officer or Public Protection Officer.

Welfare

If you are concerned that your child or children are at risk of significant harm, then please notify us immediately. We can then put you in touch with the relevant local safeguarding authorities depending on your location in Pakistan or contact nearest local police in your area. You may also wish to speak to your local Social Services to make them aware of the situation.

You can speak to someone 24/7 by contacting the FCDO:

• in the UK on +44 207 008 1500
• in Pakistan on +92 51 201 2000

Custody issues

Under Muslim family laws, depending upon the sect, a mother generally has custody over a girl and boy till the age of seven years or puberty. However, court in Pakistan now sees the welfare and best interest of the children as first priority when deciding cases. Any relevant court order issued in the UK will not be automatically acceptable in Pakistani judicial system. However, the local judge dealing the case may consider it when deciding custody.

Granting custody to one parent does not give the automatic right to the parent to take the child out of country. Courts normally give visitation rights to the other parent. It is advisable to always take legal advice before taking the child abroad to avoid further legal complications. Courts may decide to put names on Exit Control List (ECL). Deciding cases related to custody of the children may take from few months to years depending upon the complexity and various tiers of appeals against the decisions of different courts.

Services of ‘Reunite’

The FCDO funds Reunite, a UK based charity specialising in international child abduction, custody and contact issues. Reunite offers a range of support services, including helping with mediation and providing lists of lawyers specialising in international child abduction and custody issues. Reunite also calls left behind parents regularly to offer support. You may find it helpful to speak to Reunite. They can be contacted by telephone on 0116 2556 234 and they also have a website.

Mediation

Mediation is an option when parents are not able to reach an amicable agreement between themselves about their children’s futures, but do not wish to take court action. A neutral party, family elders or mediator, can assist in enabling parents to form a mutually acceptable decision on custody and contact with their children. Alternate Dispute Resolution (ADR) is another way of agreeing to a settlement either through court or elders. Reunite provides a free mediation service. You can find out more on their website.

Independent legal advice

Obtaining legal advice in both the UK and Pakistan can help a parent look at whether obtaining a court order in UK and mirror these in Pakistan with equivalent orders may help. We maintain a list of English speaking lawyers in Pakistan, some of whom may be specialists in family law.

Pakistan and the 1980 Hague Convention

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty which offers a process for returning children under the age of 16 who have been abducted overseas by a parent. The UK only operates the convention with other country signatories which it has accepted. Although Pakistan ratified the Hague Convention in 2016 and the Convention came into force on 1 March 2017, the Convention does not operate bilaterally between the UK and Pakistan. This is because the UK government’s practice has been to assess the ability of the acceding country to operate the 1980 Hague effectively before accepting their accession. Each assessment examines, amongst other issues, the independence of the judiciary, the right to a fair trial, and the equal access to justice for nationals and non-nationals. We seek only to accept the accession of countries when we judge that they have the basic procedures in place to operate the convention.

Accepting a country which is unable to meet these core obligations can lead to parents or UK courts making decisions about a child travelling overseas and wrongly assuming they are protected under the Convention, when in fact there may be few mechanisms in place to effectively support the return of an abducted child.

The UK-Pakistan Protocol

In January 2003 judges from Pakistan and the UK signed the UK Pakistan Protocol on Children Matters. This is a judicial understanding which aims to secure the return of an abducted child to the country where they normally live, without regard to the nationality, culture or religion of the parents. The Protocol asks judges to consider any existing court orders made by the courts in the child’s ‘home’ country. The judge may then order the child to be returned to the country where they normally live. So if your child is taken to Pakistan, or does not return from a holiday there, and you have an existing residence order, or a prohibitive order against the person who has taken your child, you may be able to use the Protocol to help return your child to the UK.

Liaison judges have been appointed in both the UK and Pakistan. They will communicate with each other on individual cases to ensure that each is aware of court orders from the other’s country. You should contact the Family Division of the Royal Courts of Justice to find out who the liaison judges are in each country. The office can be contacted by email: IFJOffice@Justice.gov.uk.The legal adviser to the Head of International Family Justice can be contacted by telephone: 020 7947 7197.

It is important to note that the Protocol has not been incorporated into Pakistan law so Pakistan Judges are only able to bear the Protocol in mind and are not legally bound to abide by its provisions. Whilst the Protocol has not been made law in the UK, its provisions are in line with the usual practices of the courts, so judges can and do make orders referring to the Protocol.

With these constraints in mind, the Protocol is one option for parents to discuss with their lawyers. If parents decide not to use the Protocol to seek the return of children, they will still need to decide whether to start legal proceedings in Pakistan if they cannot come to an agreement with the other parent on where their child should live. If you think your child has been abducted to Pakistan and you want to use the Protocol to try to have them returned, you should:

• consult a solicitor in the UK. They will be able to help you get any UK court orders that you may need. Explain to them that your child has been taken to Pakistan and that you have heard that there is a Protocol that may help you to have your child returned
• consult a lawyer in Pakistan. You will need to start court proceedings in Pakistan to use the Protocol, but you may not have to travel to Pakistan to do this. We can supply you with a list of lawyers in Pakistan. Please note that there is no Legal Aid for court proceedings in Pakistan. You will therefore have to pay your own legal costs
• ask your solicitor to send copies of your UK court orders and details of your court proceedings in Pakistan to the liaison judge in the UK at the Royal Courts of Justice. The contact details are:

IFJOffice@Justice.gov.uk
Office of the Head of International Family Justice
Room C101, Royal Courts of Justice, Strand,
London WC2A 2LL
Lawyer:
Tel: 0207 947 7906 and Fax: 0207 947 6804
Administrator:
Tel: 0207 947 7225 and Fax: 0207 947 7875

• the UK liaison judge will forward these to the Pakistani liaison judge. He will draw attention to your UK court order, your court proceedings in Pakistan and your request to have your child returned to the UK