When a child’s parents live in different countries, custody disputes become acutely difficult — two legal systems, two sets of expectations, and a child caught between them. A great deal of confusion surrounds the role of the Hague Convention; here is the accurate position.
Pakistan and the 1980 Hague Convention
Pakistan acceded to the Hague Convention on the Civil Aspects of International Child Abduction 1980, which came into force for Pakistan in 2017. However, the Convention only operates between Pakistan and those countries that have formally accepted Pakistan’s accession.
Several major jurisdictions — including the United Kingdom — have not accepted Pakistan’s accession, so the Convention does not currently operate between them and Pakistan. This is a common and important misunderstanding.
What governs UK–Pakistan children’s cases, then?
Where the Convention does not apply, cross-border children’s matters are dealt with through the ordinary courts and, between the UK and Pakistan, with reference to the UK–Pakistan Judicial Protocol on Children Matters of 2003. The Protocol is not binding law in Pakistan — judges may bear it in mind — but it reflects a shared judicial understanding.
In every case, the Pakistani courts apply the principle that the welfare of the child is paramount, under the Guardians and Wards Act 1890.
Practical steps
If you fear a child may be wrongfully removed from Pakistan, the courts can pass orders restraining removal — and time matters. If a child has already been taken across borders, the right strategy depends on the countries involved. Early, specialist advice is essential.