In a significant legal development, Pakistan has amended the Family Laws Act 1964 in line with the Hague Convention of 1980, introducing stricter safeguards against the international abduction of children by either parent. With this amendment, neither the mother nor the father can now take a child abroad without the explicit consent of the other parent.
The move is aimed at addressing a long-standing legal vacuum that often left one parent helpless in cases where the other took the child out of the country without permission, leading to emotionally and legally complex custody battles across borders.
The updated law stipulates that if a parent removes a child from Pakistan without the consent of the other parent, it will now be considered international kidnapping.
This classification not only criminalizes the act but also imposes a binding obligation on the Pakistani government to take all necessary steps to ensure the swift return of the abducted child to the country. The amendment effectively brings Pakistan in line with global standards on child custody and parental responsibility, as set forth in the Hague Convention, which is designed to protect children from the harmful effects of international abduction by a parent and to secure their prompt return to their country of habitual residence.
This legal update is being hailed by legal experts and child rights advocates as a progressive step towards strengthening family law and ensuring the welfare of children caught in the middle of parental disputes. It also provides a clear legal framework for addressing such cases in international courts, offering greater reassurance to parents who fear losing access to their child through deceit or unilateral action.
The amendment is expected to serve as a strong deterrent against attempts to circumvent custody agreements and marks a milestone in Pakistan’s efforts to align its family laws with international human rights standards.
