| Under Pakistani family law, which is based on Islamic | | | | children from Pakistan. |
| law, the father controls virtually all aspects of his | | | | Although appeal to the courts may seem difficult to a |
| family’’s life. He decides where his wife and | | | | mother seeking custody of her children, it is |
| children will live, how the children are to be educated | | | | recommended that parents be urged to appeal to the |
| and whether or where they may travel. Courts rarely, | | | | courts or other legal resources available. If a |
| if ever, give custody of children to a woman who is | | | | foreign-born mother has the only court order (U.S. or |
| not a Muslim, who will not raise the children as Muslims, | | | | other) in effect regarding the custody of her child, it is |
| does not plan to raise them in Pakistan, or has | | | | also recommended that in addition to appealing to the |
| remarried. In all probability, even if the mother wins | | | | courts, she should seek assistance in effecting that |
| custody, the children would still need the father’s | | | | order from other local authorities (i.e. from local police |
| permission, to leave the country. Any matter of | | | | or school officials). |
| custody in Pakistan can only be resolved through the | | | | Parents seeking legal assistance in Pakistan should be |
| appropriate local judicial system. | | | | advised that local attorneys in Pakistan do not reseach |
| Currently, the only treaties which have any application | | | | or investigate cases. Therefore, she must bring as |
| to abductions of children from the United States are | | | | much documentary evidence as she can when she |
| the Hague Convention on the Civil Aspects of | | | | comes to Pakistan. She may be able to hire a local |
| International Child Abduction and the extradition treaties | | | | investigator (attorneys also do not use the services of |
| which the United States has with individual countries. | | | | independent investigators) to gain whatever evidence |
| Pakistan is not a party to the Hague Convention, and | | | | she needs from Pakistan. At this point, it would |
| there is no bilateral treaty in effect between the U.S. | | | | probably be best for the mother to be present in |
| and Pakistan which would cover parental child | | | | Pakistan, at least part way through the investigation, to |
| abduction. | | | | check on the actual progress being made and to try |
| While the courts of Pakistan may take into account | | | | and minimize the possiblity that the investigator will be |
| the laws of other countries, custody orders from other | | | | bribed to alter his findings. |
| countries are viewed simply as evidence in a Pakistani | | | | The mother might wish to have a U.S. attorney review |
| proceeding. Possession of a custody order, even in the | | | | all collected evidence for advice on what may be |
| absence of such an order by the Pakistani spouse, will | | | | useful and what may not. Once all evidence is |
| not automatically result in the return of an abducted | | | | collected, a Pakistani attorney should be retained. |
| child. That parent would have to appeal to the family | | | | Constitutionally, courts are bound to resolve such |
| court in order to try to obtain an order for custody. | | | | cases within six months. But in reality, such cases could |
| Pakistan will recognize decrees of other countries, | | | | take more than one year if there are appeals. Since |
| whether or not there are any formal treaties with | | | | Pakistani attorneys do not do investigations, the costs |
| them. Abduction by a father is considered abduction | | | | incurred are purely for court-related costs and are |
| by Pakistani authorities (the implication being that it is | | | | therefore likely to be affordable, running as low as |
| considered to be an illegal action). However, a | | | | 10,000 Pakistani Rupees (U.S. Dollars $400.00) to |
| foreign-born mother with U.S. custody orders still is not | | | | 50,000 Pakistani Rupees (U.S. Dollars 2,000.00) |
| automatically allowed to take possession of her | | | | There are major family court sections in the civil courts |
| children and depart the country. She would have to | | | | in Rawalpindi, Lahore, Karachi, and Peshawar. In smaller |
| retain an attorney and appeal to the High court. The | | | | towns, any judge could hear such a case. |
| high court acts like a post office in such cases. They | | | | In Pakistan, most mothers do not earn an income. The |
| send the case to the appropriate district judge for | | | | courts keep this is mind in determining what is in the |
| execution. The District Court reviews the papers and | | | | best interests of the child. A father is legally bound to |
| then calls in the concerned parties for a hearing. In | | | | take care of his children no matter what since he is |
| spite of the illegal action (the abduction), and even | | | | the income earner. A mother is not so bound. That is |
| though the foreign-born mother has a court order, | | | | why, in most cases, the father is granted custody. |
| there is still a great possibility the mother will not be | | | | Laws protecting the rights of mothers are written into |
| given custody of the child. Moreover, if she is granted | | | | the Quran (Koran). Under Islamic law, a woman has |
| custody, the father can appeal to the Supreme Court | | | | the right to keep a boy child up to the age of seven |
| on a matter of law , which means there was some | | | | years and a girl child up to the age of twelve. The |
| legal point which was not adhered to during the course | | | | Guardian and Wards Act of 1890 can be used to help |
| of the hearing. If the Supreme Court grants custody | | | | American citizens in two categories of juvenile cases. |
| (no cases have gone that far yet in this district), there | | | | It can be used to gain custody of a child for adoption |
| is no further recourse for the father or mother. If the | | | | purposes and it can be used to justify granting custody |
| foreign-born mother is granted custody and the father | | | | of a child to one parent or the other. According to the |
| does not comply with the court order, the children can | | | | Act, a person who is granted custody of a child is |
| be taken by force. In addition, other civil actions can be | | | | given the responsibility to take care of the child and |
| taken such as attaching the father s property or | | | | any property or other inheritance that may belong to |
| arresting him. If a foreign born mother were granted full | | | | that child. Since any inheritance is most likely to come |
| custody of her child, the father has the right to refuse | | | | through the father, the father would most likely prevail |
| to allow the mother and child to depart if the court | | | | in such a situation. |
| order does not specifically allow her to remove the | | | | |