PARENTAL CHILD ABDUCTION

Parental child abduction happens when the child is taken away or removed from the lawful custody of a parent/ parents by a family member (usually the other parent) who is not authorized the custody of that child by going against the family laws or principles settled by the Guardian Courts. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, the most common form of child abduction.

Parental child abduction happens when a parent unlawfully takes a child away from his place of residence, or keeps the child away beyond a stipulated time period. A parent may well have legal custody of a child but that does not mean the parent may take a child to another country without the consent of the other parent. Such kind of child abduction is known as international parental child abduction The adverse effects of parental child abduction on the child and other family members can be devastating and long lasting!

INTERNATIONAL PARENTAL ABDUCTION

International parental child abduction occurs when a child is wrongfully removed or wrongfully retained away from their home country.

The 2014 International Child Abduction Prevention and Return Act has been promulgated for the immediate and safe return of the child to his/her home country. The act ensures compliance with the 1980 Hague Convention on International Child Abduction and establishes procedures for the prompt return of children abducted to other countries.

The law recognizes a child’s habitual residence as his or her legal residence but calls for legally resolving the issue. In most cases, children are removed from their places of residence without the consent of their mothers. In some cases, young girls are married against their will to prevent repatriation to the country of habitual residence.

Although Pakistan signed the Hague convention in October 2020, the 2021 US report noted that there were 17 pre-convention cases still open in Pakistan. In 2020, one pre-convention case was resolved through voluntary means, and two pre-convention cases were closed for other reasons. The 2022 report does not report any open cases in Pakistan.

CHILD ABDUCTION BY STRANGER

When children are abducted or kidnapped by stranger unknown to the family members for various unlawful and illegal purposes, this is called child abduction by strangers. Such offences take place because the offender wants ransom from parents, for illegal adoption, human trafficking, child labour or slavery, sexual abuse of the minor or for killing the child.

SEC. 361 OF PAKISTAN PENAL CODE

This section defines the offence of kidnapping from lawful guardianship. It says that whosever either takes or entices away any minor who is under sixteen years of age if a male, and is under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of that lawful guardian, is said to kidnap such minor or person from lawful guardianship.

KIDNAPPING / ABDUCTION FROM LAWFUL GUARDIANSHIP

AGE OF MINOR

Such minor must be under fourteen years of age, if a male or under sixteen years of age, if a female.

OBJECT OF SEC. 361

Sec. 361 has two-fold objects:

To protect children of tender age from being abducted or seduced for improper purposes;

To protect the rights of parents and guardians having the lawful charge or custody of minors or insane persons.

PUNISHMENT

Kidnaping or abduction with intent secretly and wrongfully confine person; 7 years.

SEC. 363 OF PPC

Whoever kidnaps any (minor) person from Pakistan or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

365-A OF PPC

Under PPC abduction has been declared as a substantive offence liable to be punished under following sections:

Kidnapping or abduction in order to subject person to unnatural lust; death, 25 years.

367-A OF PPC

HOW RA-LLP MAY HELP?

If the child has been snatched away and abducted by a parent, who commits a criminal offence by taking the child abroad, it can be frustrating for the other parent and family members and they suffer from anxiety. If this has happened to your child, it is crucial you act immediately. We understand your level of anxiety and can help you in the best possible way. RA-LLP have a team of expert lawyers who deal in international child abduction cases and work on urgent basis through proper legal channel to reunite you with your child.

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