Parental rights in Pakistan:

In Pakistan, Guardianship Act, 1890. Deals in primarily parents rights and responsibilities and in this regard both parents are equally responsible for the child custody. However if court of competent jurisdiction describes otherwise then custody of child / minor may be entrusted toward that spouse. As far as the travelling abroad is concerned it is an important decision, which requires the consent of both parents. In this regard courts meticulously investigate the reasons for the travelling abroad

Legal outcomes of child abduction:

If any child / minor is taken out of the Pakistan without permission of father, it constitute a offence in criminal jurisprudence. Moreover when a court of competent jurisdiction entrusted custody of minor / child to any one of spouse it is deemed that he / she is responsible for the welfare of minor / child. It is not out of place to mention here that the Guardianship Act, 1890. is primarily made for the welfare of the child / minor. It is the sole responsibility and parental duty of court to evaluate the welfare of the minor / child.

Child Abduction keeping in view of Hague Convention:

Child Abduction is also an international crime in international law. Since Pakistan is a signatory to the Hague Convention qua child abduction. If any child is abducted in order to take that child out of the father’s access or court’s jurisdiction the Hague Convention provided the procedure for immediate return of abducted child to the country of habitual residence.  Without the consent of father the travelling abroad of child is abduction and all the ingredients of abduction are completed.

Welfare of Minor / Child:

Welfare and wellbeing of minor is pivotal point of Guardianship Act, 1890. For determining the custody of minor and visitation arrangements courts primarily consideration if child’s welfare and wellbeing whether it is physical, mental, cultural or customary. In this regard courts always considered some matrix such as child age, health, education, relationship with each parent.

Seeking legal advice:

Keeping in view of child abduction if anyone of spouse is dissatisfied with the decision of trial court, appellate court or constitutional court our experienced lawyers will render you personalized advice to clear circumstances of your case to protect your rights in order to determine the custody of minor and visiting arrangements of child for wellbeing and safety of minor / child.

Conclusion:

Taking child abroad from Pakistan without the permission of father constitutes an offence, in this regard time and again courts has given judgments that for the safety and the welfare of the child the courts possess the parental jurisdiction and if courts restricts the child travelling out of the jurisdiction of trial court then taking child out of that jurisdiction is an offence punishable according to the Pakistan Penal Code. There is a legal process if anyone of spouse can take child abroad from Pakistan then he / she has to approach Guardian court with specific and cogent reasons satisfying the judge for the welfare of child. In this regard it is the duty of court whether court grants permission with or without surety bonds. If court put any condition of surety bond then the spouse has to submit surety bond for stipulated period in order to assure the court that within stipulated period the child would be back to the jurisdiction of this honourable court. However there are many complex situations which cannot be narrated in words in order to get legal advice in any particular situation our attorneys are lawyers are ready to give you advice and evaluation as per the circumstances of your case. Don’t hesitate to contact Voice of Justice for more and up to date information.