Forced child abduction on global level has become a very complex problem of international child

(5)
custody because of individuals who are involved in this matter. Such kind of unlawful child

removal does not have a victim on the one side and a culprit on the other side as happen in

conventional kidnaping crimes. In child abduction every one is a victim, the parent who remove

the child the one who loses his/her child and the children who become rolling stone between

parents. On the occasion of European council meeting in “Tampere” in October 1992, it was stated

that child abduction and retention are harmful reaction of the free movement of individuals with

in European Union. It also happens worldwide as the people are increasing their movements from

one country to other and making international families. Therefore, like many other global legal

issues, the basic purpose of world governments was to establish a global institution for resolving

international abduction disputes. On 24th October 1980, the MS to the Hague Conference PIC

accepted a convention on the civil aspect of international child abduction (6). On the other hand,

some European Union members were ready to introduce more strict rules and regulations for the

process of return of abducted children’s. So, as a result on 1st March 2005, Regulation Concerning

Jurisdictions (RCJ), Recognition and enforcement in judgment of Matrimonial Matters (REJ MM)

and the matter of Parental Responsibilities (MPR) were in action but Russian Federation was not

a part of this process in these days. In 2017, draft about child abduction was introduced in Russian

State “DUMA” for the accession to the abduction convention by the Russia. The “Removal” and

“Retention” are two different legal concepts (8). A common word abduction /removal are being

used in this paper because they are followed by the same legal consequence i.e a swift return of

child. These terms will be used separately when the occasion comes. What is unlawful/wrongful

removal or retention is stated in article (3) in abduction convention and article 2(11) regulation
states the same. The unlawful abduction or retention of child must be considered in the scenario

where_____

it is branch of Custody attributed to a person, an institution or any other body, either jointly or

alone, under the law of state in which the child was habitually resident immediately before the

removal or retention! And

B) at the time of removal or attention those rights were actually exercised, eitherjointly or alone,

or alone, or would have been so exercised but for the removal or retention……..

The concept of custody rights under the named instruments, it has a quasi-autonomous and much

wider meaning owing to the special character of the instrument in question. Therefore the parental

right to make decision on the child residence can account to custody rights in parental child

abduction matters. Therefore the present question arises whether the custody of parents can be

challenged only in court?

The concept of parental child abduction have been used an as opposite, the classical child

abduction by some people other than parents, even though other physical or judicial can have

custody rights, according to abduction convention and regulation(10).

I chose to use the terms for both courts which are involved for resolution the matters of child

abduction i.e “requesting courts/states refers to the court of origin and requested courts for return

of child.” It have been noticed that mostly parents are involved in abduction disputes (11). The term

non-convention/non-Hague country/state refers to the countries that are not signatory party to the

abduction convention and Vice Versa. Child abduction is equal to parental kidnapping, child

snatching, child stealing, wrongful removal or wrongful retention refer to illegal removal of

children from their home by an acquaintance or family member to a foreign country. The abducted
child suffer from alienation emotionally and physically. Abduction snatches from child, the sense

of history, intimacy, values and morals, self-awareness, opportunity of knowing once beginning

love and conflict of extended family. Hague convention on the civil aspect of international child

abduction 1980, make sure swift return of children who have been abducted from their native

residence or wrongfully or illegally retained in a state that is not their country of habitual

residence(12).

Thesis Statement:

Objective of Study:

This research focuses on following objectives:

To know about parental child abduction and international human right law.

Current status of parental child abduction and Human rights law.

Suggest Some Recommendations for improvement of the situation.

Research Questions:

Conversely, following research questions will be explored hypothetically for the dissertation

keeping in view the inductive, deductive and adductive methodology of research.

What is Parental Child abduction Law in Pakistan and Internationally?

What is Status of Parental Child abduction and international human rights law?
Chapter 2

International Child abduction: History

The emerging issue of parental child abduction should be understood in the background of

society’s definition of the owner of child, the changing nature of modern family and gender role

from the Roman Time, “The doctrine of Patriea Potestas” was adopted in English common law.

This doctrine gave the authority to the father for custody of child rather than mother. This legal

concept was imported to the American colonies later where this theory of parental custody

remained dominant until the early part of 20th century. Throughout this period both women and

children were considered as men’s property and in this sense, the male had fundamental right to

control and make decision for his family. During the earlier year of 20th century the doctrine of

custody rights was replaced with “Tender Years Doctrine” which explicitly acknowledges mother

primary role as birth parent and caretaker in the early years of child. More over this was supported

by new psychological theories that states the primary importance of young children’s emotional

attachment to his/her mother.

In 1960’s and 1970’s, the “women rights movement” started and demanded gender

equality. It had revolutionary impact upon family relation, moreover the introduction of “no fault

Divorce” and equal division of property laws in the early 1970’s. The new legal principal of “Best

interest of the child” was adopted by unfiled state courts to decide custody rights after parent’s

separation. So for the first time in the history, there was no gender priority for custody of child.

During the next two decades, divorce rate doubled and stabilized at the rate of about 4 of every 10

marriages with children.

 In addition, the number of women bearing out of marriages increased drastically. As a

result, by the later half of 20th century almost 6 in every 10 children experienced living in single

parent home for almost the part of growing years. Moreover the greater number of mothers inters

the work free and father had to play great role in their children’s upbringing. At the beginning of

21th century, the custody or shared parental care taking became more widespread but divorced and

never married parents were also moving geographically. As a result, when the parents separated,

there was always a dispute over the custody of children. Most of the custody disputing parent

appeal in the family courts for resolving their issues but some individuals took law in their hands

and kidnapped or relamed the child unlawfully (14).

History of parental child abduction in Pakistan

In these cases Pakistani legislative system could not meet the international procedural law’s and

transitional jurisdictional issues inherent in international child abduction cases. So, multiple legal

concepts like, nationality, parallel jurisdiction, habitual residence, welfare of minor and interest of

children remained unexplained.

Since Pakistan icon signatory sate of Hague convention, the foreign court order for left behind

parental child custody “is useless”. Because Pakistan courts decide children cases in light of

domestic laws. The only viable legal remedy available to the left behind parent is to file application

in family cours under section 25 of Guardian and Act 1890 for custody of abducted child and to

file Habeas Corpus Petition to High court under Article 199 of conslilution or under section 491

of the code of criminal procedure, 1898 for the recovery of abducted child. Therefore, Pakistan

legal framework is clearly in adequate and ineffective to deal with such cases of child abduction
and retention which requires a solid and swift judicial determination to mitigate the ill effect of

abduction (15).

It is an important fact the procedure of Hague Convention is operated on the principal of

first come, first serve basis. Therefore the parent party which first brings their claim to the

convention gains advantage. This principal should also be applied in Pakistan. These cases were

made easier due to U.K Pakistan Judicial Protocol on children matter which was based on Principal

of Hague convention but lacked a sufficient central authority. Further signifying a need for

Pakistan to adopt a Hague convention principles. Pakistan is undecided to adopt the Hague

convention as the district courts which some time gives relevance to its principles and sometimes

defy them. By signing Hague convention cases involving Pakistani left behind parent and children

abducted from Pakistan would be determined more consistently expedicialy and effectively by the

other Hague convention countries (16).

In modern governments the credibility of a country is rated on the base of its accordance

with international convention and treaties. Pakistan therefore suffers when many of foreign parents

do not approach domestic courts. Furthermore the country’s domestic law are not clear about the

distinctive fact of transitional child abduction cases by magnifying the interests of the child,

moreover most domestic courts raise the question of jurisdiction and diminish the efficiency of

family law’s. on the other hand Pakistan holds a large number of national overseas, increasing

each day, the international community expects Pakistan to honor and complete its international

obligations to sign Hague Convention. It would be beneficiary for the better future of the children

who were suffering from the alienation due to the unavailability of an appropriate judicial forum.

With coming into The Hague convention, Pakistan will be able to deal with such matters with

complete knowledge and sufficient judicial instruments to the foreign parents left behind at the
domestic courts are fully capable of deciding the fact of their abductive child irrespective of race,

color, religion or nationality. (17)

Pakistan is common wealth country and according to the rule, the Prime Minister and his

cabinet can become state party to any international convention and treaties. Such an action relies

solely upon the will of Prime Minister or the other head of Government. As a result Pakistan does

not need a separate legislation under the Guardian and Ward Act because it is a federal Statue and

not a provincial subject under 18th amendment rather it must be mentioned on the foot note of 25

of the act that Pakistan is signatory to the Hague Convention to mention the judiciary and legal

fraternity to apply for the conventions rule and procedures in case of a conflict created by the

foreign judgment on the child abduction! or there are foreign left behind parents appealing for

custody of child on the basis of foreign nation in Pakistan. With the entrance to The Hague

Convention Pakistan will be able to extend its international regime of commitments with

international community but also give an alternative pathway to Pakistani national to avail

Jurisdiction of other countries based on this principle of Reciprocity.

If Pakistan has some reservation on Hague convention, the government may take a plea to insert

these reservation in the Hague convention, ratify this convention and the part of reservation will

not be applicable on Pakistan later as signatory state (18).

International Child Abduction history:

International child abduction history in the recent past, Swedish parliament conducted a

survey that indicates that international child abductions and retention are increasing rapidly both

in Sweden and abroad. The central season behind the growth of international child abduction is
international mobility of people or in the words of politician “Global Love Traffic”. Most of the

children engaged in these types of disputes bear more than two nationalities or at least their parents

have different nationalities. After the separation or divorced, the foreign parents usually tries to go

back to their home country and take children with them. Statistics show that half of the abductors

are father and most of abducting parents exercise joint or sole control over the children. It must be

noted that the harms of abductions are different. When the abducting parents are the only ones who

had factional custody that is residing with the child (19).

Before the adoption of abduction convention the left behind parents had rare possibility for

the retention or get back their child at home. Therefore at the end of 1970’s, under the directions

of Hague Convention conference its M.S took decision for the need of an institution that can

protect abducted children and their left behind parents. However the main purpose of the institution

was to achieve something more than the traditional individual approach towards children rights.

Therefore it was decided that the children rights. Therefore, it was decided that the children

convention should protect collective interest of all children’s from being removed from their

homes by their own parents. This later interpretation of child rights seems evident even more in

the Regulation which strict return rules and its interpretation by the “ECJ” in its case law has

shown that its not worth with removing child with in “EU” without the concept of other parents.

The Best interest of child

It would be a great mistake to present this study without analyzing the main principal of

all legal instruments that is a “Best interest of Child”. Our study will show that the explanation of

the concept of the present abduction convention. We can find some guidance regarding the

interpretation of the best interest of the child under the instrument in question. This is usually

found in the relevant case law. Nevertheless, the outcome of such assessments commonly depends
on the individual condition of the case. Furthermore in case of abduction matter the meaning of

their concept is explained according to a principal set in the relevant instruments which is to

expedite the process of return of child to its habitual residence. This principle is strictly in

accordance with the _____ and purpose of the relevant abduction treaties. Which is to stop the

parents from removing or retaining their children unlawfully.

The article (3) of UNCRC is a fundamental parameter to define the principal of the “Best

intrest of the child” in the documents. However it is often critized because of its general character

which suggest liberly to each “CS” to explain it according to its domestic legal, social and cultural

traditions, but it is also viewed as a guiding principal to the other article in the body that include

a fore said principles. Therefore this principal is present in the provisions related to abduction

issues. In the article 9-12, the article 9 states the need to protect the children from unnecessary

separation with their parents. The provision gives two examples of when such types of separation

might be necessary e.g.

i) When the child is neglected or abuse

ii) When the parents are living in different countries

However the article 10(2) says that the child can maintain its relation with a parent living

abroad but it must not go against the best interest of the child. The article (11) make its

necessary for S.P to fight for illegal child removed and retention through the process of bilateral

or multilateral contracts. The article 12 states that a child of mature age and with healthy mental

condition has a right that is expressed opinion/in all matters that concern him/will be given due

weightage. However it is the domestic legal structure of SP that regulate how such hearing

should take place. The provision states that both the public and private factors should come
forward for the care of the best interest of the child and its parents and it should be strictly

according to the standard made by the competent national authorities.

The European convention on the human rights does not have the principle as such but it

includes it under the meaning of the article (8) that deals with, “Inter Alia” right private life.

Generally the ECHR court has given many evaluation and comments on the provision of

abduction convention in its case law. As for as the principal of the best interest of the child is

concern, the ECHR court has given, in the opinion of some PiL Lawyers, a revolutiory

assessment of the principle under the article (8) of ECHR in one side and the article (30) of

abduction convention on other.

Chamber case “Neu-linger and shuruk vs. Switerzerland (21)” the ECHR court underlined

the overwhelming importance of the best interest of the child not to be returned in relation to

the principle of swift return under the abduction convention. Previously in the case “Momosion

and Washington Vs. France” and “Neulinger and Shuruk Vs. Switzerland” the court gave

importance to the swift return of the child under the article of (30) of the abduction convention,

even though it might have affected the family life of one of the parents under the article of (8)

of ECHR. However in the second of “Neulinger and Shuruk Vs. Switzerland” the court passed

the ruling that in particular situatuin the return of the child as well as the mother would break

both the article 13(1)(B) of the abduction convention and the article (8) of ECHR. (22)

The regulation has in its recital (12) and (13) a specific criterion on how should explain the

principle of the best interest of the child under the regulation. Therefore the criterion of

proximity must be a guiding principle in determining the MS Jurisdiction as to the matters of

the parental responsibility. Thus the main rule is the jurisdiction should lie with the court of

the child’s habitual residence, because it look to the most suitable to fulfil the interest of the
child. But there are some exception in this rule, if a child’s habitual residence is changes or its

parents sign an agreement for another Jurisdiction. There is also another exception in this rule

when a court decides to transfer the jurisdiction to another court that appears to the better place

to hear the case. Moreover we will be able to see from the below discussed elite court of justice

case law, the proximity criterion case standard. (23)

The abduction convention states that the protection of the best interest of child has its

fundamental purpose. However the principle changes according to the context of abduction.

Situations which is stated in the article (1) that states to protect the child’s right to

stability/status que through his/her return to the habitual residence as well as its relation with

both of its parent’s through the source of custody and access rights. It is also important to note

that there is no internal relationships between the two objectives since they both try to protect

the very same goal. Furthermore the preface of the instrument is question counter balances

stating that the aim of the document s is to prevent the harmful effect of abduction and net the

abduction as such explaining that some time removal or retention of child might protect its

rights in best interest. Accordingly it follows that a primary aim of best interest of child which

might sometime mean that the abducted child will not be returned to the state from where

he/she was unlawfully removed. This principle also states that the kidnapped children should

be allowed to stay where they are, if it is in the best interest of the child. (24)

In the Swedish legislation, the principle of the best interest of child has been in practice

since 1910. However its definition changed in different law areas, with respect to abduction

matters, these cases did not utilized the principle of the child interest as an independent

interpretation whether the principle was related with the interest of the custodian. According

to Scheratzki “ in the background of this wide legal diversion as well as the court wide authority
over the interpretation of the best interest of the child, the principle can be divided into an

active and a passive part. Therefore, the active rights, for example the care for child person or

good upbringing or the rights specified only for children’s. The passive rights are those which

are granted to adults. For example protection against crimes.

However most of the last type of cases were covered by the Swedish custody disputes.

Furthermore, the courts had tendency to utilize the principle of the best interest of the child for

legalizing there discretionary assessments. A social legal study on the Swedish D.C’s

estimation of the best interest of the child’s has indicated that the Judges in there verdicts were

using only legal sources at in its turn reflect only the general needs of child. According to the

Swedish children comity the Swedish courts have not been able to handle the abduction matters

cases from the point of view of the child. Thus there were many amendments made in the law

concerning the child’s best interests. There amendments are applicable in abduction matters.

The chapter no 06 and 15 of the parental code procedures the parents living with the child’s to

promote the child contact with non-resident parents or any other person close to the child. As

a result the parent who does not respect the child’s right to meet the other family member, that

parents might face difficulty when there is an issue concerning the unlawful removal or

retention of child. It has also been mentioned in the preparatory work of the amendments of

the code that a parent who tries to spoil another parent lose the right to reside with the child.
(25)

Lithuanian courts interpretation of the best interest of the child’s might be found in a fresh

custody case “Add judicated” by the Lithuanian Supreme Court. The main matter discussed in

the proceeding was about priorities as to the best interest of the child regarding the selection

of custodian. The court had to decide on who of the applicants should become a guardian over
an infant girl, only a three month old baby tragically lost her parents in car accident. The court

has given references to all major national and international provisions on the protection of best

interest of the child. First of all the court took help from UNCRC’s article (3) on general need

of protection of best interest of child. The article (12) of the said convention on the child right

to express its opinion and the article which guarantees the state protection of children without

custodian. It is also said in the article (8) of the EHRC in a sense that SP should perform

positive role to look after the children’s right to tuneful family life. The fundamental national

document s managing children’s requirements in guardianship matters are the portal measures

in the article (38) paragraph (2) on the states responsibility to protect family life, of the

Lithuanian constitution (52) and the act of protection of the children rights and also family

code. For explanation, from the latter’s Article 3249, on the tenet of guardianship resolution,

follows that the measures are the best interest of the child is perfect and therefore gives value

more than all other related measures. The privileged position of child’s interest is also make

sacred, according to the court. In the article (3) paragraph (1) of the UNCRC cooperatively

with the article (33) paragraph (1) of family code and article (4) paragraph (1) of the child

protection Act. So, with regard to the inter alia named condition the court decided that the

mainly appropriate custodian is the one, who fairly estimated factual circumstances, appears

to be mostly proficient of offering an extensive and balanced life to the child in question.

Actually, the fact that a girl’s separation from a family with whom she has been living for two

years did not give any value the girl estimated requirements for a better-adjusted family life.

(26)
Definition of Parental Abduction

Parental abduction is described as “the taking, maintenance, removal of child by parents,

other family members, their representative, in detraction of guardianship rights, including

visitation rights of another parent of family member” (Gridner, 1994 b, P. 1-11). Abductors, if

from the family member or their other representative (e.g girlfriend, boyfriend, grand parent,

or even a private investigator), despite the fact that in many cases parents himself are found

abductors (Gridner 1994c). In some state’s criminal law they use the term “Custodial

interference” instead of parental abduction, family abduction, or kidnaping –when relating to

such crime and may comprise events in which children are took away from the parents. Such

manacle can also be outline to entail hurdle with a court order of visitation or access.

2.4.1 The Extent of the problem

The most embracive test of the limit of parental abduction is the national incidence studies

on missing, abducted, Runaway and throwaway children in America (NisMART) (Finkelhor,

Hotaling and sedlak, 1990). A nationwide survey of house hold, conducted telephonically in

1988. Produced assessment of the member of family abduction (to both domestic and

international destinations) nationwide. Cases identified in NiSMART are grading as either

“Broad scope” or “Policyfocal”. Broad scope cases it is evident that there are so many cases in

which family member either 1 took a child away in the breach of guardianship agreement or

any Court order or 2 sometime failed to return the child the end of any legal proceeding or any

agreement about visitation (in violation of custody agreement or decree) and had kept the child

away. NISMART researchers have an opinion that 354100 children experienced and abduction

under this definition. this division embrace so many cases that would be take into account of

abduction under even the extensive statutes and also many in which law enforcement agencies
 and prosecutors would not be involved (either because these cases would not fall under more

stringent legal definition or because agencies and prosecutors would use there distinction not

to pursue them). policy focal cases there are some types of cases which seems fit to the broad

scope definition but also have at least one of the following distinguishes 1. when someone try

to hide the taking or surrounding of the child and impede to do contact with child 2.if the child

was transported out of the state or 3. it is noticed that the abducted plans to keep the child out

of boundaries vaguely or to permanently effect guardianship rights are benefits about 46%

(163200) of the broad scope cases fell within this narrow definition ( Finkelhor,Hotaling, and

Sedlack, 1991).

2.4.2 Characteristic of Abductors and Abducted Children:

Parental child abduction is not restraint to any specific socio economic or moral groups.

however some researchers pointed out so many common values among both abductor and

victims.

2.4.3 Ages of Child and Abductor:

The NISMART study pointed out that half of victims (abducted child) were under the age

of 8 and about a quarter were under the age of 4 ( Finkelhor, Hotaling and Sedlack,1990). other

researchers in their studies pointed out that these children who were between the age of 3 and 5

were most likely to be inducted with infant and adolescents being the least likely to be taken

(Agopian and Anderson,1981). Quantitative studies and data which was collected from both

domestic and international cases disclose that both abducting and left behind parents tend to be in

their thirties (Agopian and Anderson, 1981: Finklehor, Hotaling and Sedlack,1990: Chiancone and

Gridner,2000).
2.4.4 Gender of Child and Abductor:

The NISMART study told that a heavy percentage of boys 58% then girls 42% were victim

of their real parents abduction . Data taken from NISMART also exhibits higher percentage of

male abductor 72% than female abductor 28% with former husband and boyfriends comprising

the group 42% followed by present husband and boyfriends 21%. Female abductors in all cases

found only one quarter of abduction ( Finkelhor,Hotaling and Sedlack,1990). A study was arranged

specially at international abduction they pointed out in their study that equal number of male and

female and female abductors were found (Chiancone and Girdner,2000).

2.5 Cross Cultural Marriage:

Hegar and Grief in 1994 found a high point of cross cultural marriages among 371 families

in the study that had lived through parental abduction point 47 13% in such cases comprise doors

couple who deferred with each other in race and ethnicity, compared with national rate of 8% us

bureau of sensors, 1989 point cross cultural marriages regarded for 16% 59 of 371 families. Hegar

and Grief 1994 also described that ratio of the foreign abduction were so highy for racially or

ethnically inter married abductors about 50% then for total about 20%. Chiancone and Girdner's

2000 also showed in their study of international abductions a higher rates of cross cultural and

international marriages Janvir, McCromick, and Donaldson's 1990 collected a data from survey of

65 left behind parents nationwide, pointed out a difference between domestic and international

matters point the data shows that such parents were found in somewhat more than one quarter 26%

of international issues, compared with the 48% of domestic issues and that in very narrow to one-

fifth 19% of international matters the parents who were married at the time of the abduction, in

comparison with only 2% for domestic issues. Johanson 1999 pointed out so many dangerous

factors for parental abduction see page 3. In all these cases, we often find an abductor having
emotional are financial relationship in other country. 2.6 ongoing parental conflict. Both Grief and

Hegar 1993 and Finkelhor,Hotaling, and Sedlack 1990 discovered higher numbers 41% and 54%of

parental abductions occurring during the period between marriage and divorce ,the special time

when high conflict can take place. Johnston, Campbell and Mayes 1985 said in their results that

the children from those families who have higher level ongoing parental quarrels e.g litigation for

guardianship, physical or verbal violence acted by one parent towards other on non-alliance of

family formations that excludes any parent are at higher risk of abductions, even with the regular

parental visitation or joint guardianship agreements. Chiancone and Girdner 2000 pointed out the

values same to those expressed above reflected in reported issues of international child abduction.

2.7 Reason for Parental Abduction

2.7.1 The motivation to Abduct

The main reason in parental abduction, founded through different studies are motivated in

an effort to force a reconciliation or to continue interaction with the left behind parent (

Agopian,1981;Sagatun and Barrett,1990. in father illustration, AGopian 1981 and Sagatun and

Barrett, 1990 examined that the abductor wish to blame, spite or punish to left behind parent.

abducting parent specially father feels fear to lose legal guardianship rights, thereby facing a

diminish parenting role with their child. Janvier, McCormick,and Donaldson 1990 and Sagatun

and Barrett 1990 have also pointed out this as a factor of abduction. In excessive cases, it has been

examined that abduction could be the result of delusion of distrust or personality disorders

Agopian, 1984: Johnston,1994, Sagatun and Berrett,1990 or total disagreed for the law

Blomquist,1992;kiser,1987. Another factor of this motivation is a try to protect the child from

those parent who is careless, harasses the child, or neglect the child and in few cases this motivation
maybe a legitimate concern Agopian, 1981; Sagatun and Barrette,1990. Some abductors feel fear

that authority don't take their concerns seriously Sagatun Edwards,1996. American district

attorney research institute APRI conducted a research who founded that 27% abducting parent and

get that child abuse in parental season matters in many cases these allegations for made against

left behind parent but 17% of cases for those were both parent allottees made allegations of abuse

against each other line, 1995. Such numbers are found similar for domestic violence also. almost

1 quarter of cases found involved to make allegations of domestic violence against the doctor, and

other one quarter were found in want to make allegations against left behind parent point 11%

found in organizations were both adaptor and left behind parents overall, 30% of the cases were

found involved in both allegations, abuse and domestic violence in 1995.

2.7.2 Risk factor for production search was conducted by Johnson 1994 and forgotten

adverse 1996 to examine those sakta hu exhibit the circumstances children can be risk of parental

abduction. The resort examined 50-50 females for children had been affected and 57 families who

were going through very inelastic in separation and guardianship matters at high level of the

litigation. The research was conducted in two Auburn California countries. The result of a research

employees that many abductors 1 pound having low socioeconomic status including

unemployment the young parents never married before, and have any jobs in tarn. Many of them

have already illegal arrest record Sheraton adverbs 1996. basically the combination of these two

factor was found in a walk to increase the risk of parent and abduction cegedim adverse, 1996

point that searches, pointed out and amazing thing in this study that the abduction was more likely

to cure if abductor hello financial status or emotional binding to the specific geographic region

from which the child was abducted or if the Doctor had a good source, as Queen of the assets and

cooperation of the other gents or law enforcement of orders to hide the child from left behind
parent. Such sports annonce, emotional and if the adaptor is residing in that country, increase the

risk of abduction alternately point on some cases it has been noticed that a doctor top 10 written

only to protect them from abuse, harassment and election whether these concerns are valid or not.

In the sense this act is known as rescue the child from other parent instance, 1994 the data used by

palash, can call her, and hotelling 1997 was taken from n i s m a r d national sample to point out

the demographic and family characteristics that shows that the risk of child abduction exist or not.

the research pointed out an increasing risk of attraction in families with white collar, especially in

younger children under 5 years old having the bad experience of violence in adults of home. A less

number of fear of abduction was found in large size families. Families with three or more children.

Despite defect that some psychological factor may also be a part of parent and child abduction but

this study specifically focuses on sociological factors. The most significant factor found in this

study was great similarity in the risk factors pointed out for both kinds of parental abduction broad

scope and policy focal point the author identified that this study sets arrangements of kalia

evidence that there may be on close relation of etilogy of all types of parental abduction and steps

intend to impede or control such events those which comes in the notice of official agencies can

be effective to help those families who experience less risk but still alarming, abductions (

Plass,Finkelhor, Hotaling 1997:347. All Grief and Hegar 1993; Hatcher, Barton and Brooks1993;

and Kiser 1987 pointed out that in more than half of abduction cases, domestic violence was

reported in their study. Grief and Hegar1993 marked that almost 75% of mail and 25% of female

abductor had shown their violent behavior in the past.............. Said in their study that 66% of the

domestic cases, and 23% in international cases, child abuse was reported. so, in spite of these

apparent condition of family violence, it is not a clear factor to determine the risk in abduction

matters.Johanson's 1994 study marked that the level of the violence found in different families was
not too much different who were involved in parent and child abduction and those families who

were involved in agnostic levels of divorce or custody litigation.

2.7.3 Psychological impact of abduction:

In the recovery of abducted child, the basic hindrance is the general public understanding

that child is taken safe if is in the physical custody of parent, even he / she is abductor. According

to general public view the parent cannot be the abductor anyways. All the legal structure is of the

view that such matter should be considered as 7 in nature and private family issues should be

handled outside the realm of criminal justice system..... It seems of serious misunderstanding.

abduction can be emotionally dangerous to both coma for children and left behind parent as well

point specifically, in these cases where force is used to carry out the abduction, though the child is

covered up are held away for a long period of time. it is marked in the daughter taken from

NISMART that only 14% parent used force in parental abduction matters and 17% use compelling

threats or demands.... although comma in 50,000 cases comma force was used nationally and in

more than 60000 cases threats and demands were involved.... 2.7.4 left behind parent..... survey

that the left behind parent with the help of registered missing child organization and examined that

left behind parents always feel of loss, behave furiously, and broken sleep point some parents

expressed that they feel solitude, fear, hollowness, low spirit and loss of appetite point more than

50% of these groups try to take help of professionals to handle such situation point one quarter of

such groups what deals with the depression treatment and one fourth but treated for anxiety and

for some other problems.

........ also pointed out in his study that mostly parent of abducted child told that they were at high

level of the depression and psychological disturbance during the period of child missing and some

but such condition was reduced when child was recovered. So, the experience of such trauma did
not ends up completely even the child is recovered. many parents related torch study expressed

that the level of their psychological disturbance remained as high even after the recovery of the

child, possibly, it was due to the apprehension of reaction are the stress related to the tree

unification....... stated in their different studies that about 70 1.3% parents were found in the fear

of ji abduction for their children point furthermore, this is distressed condition can put a havoc

effect upon economic well-being of left behind parents, which also increase the level of

anxiety........pointed out that the cost of the searching of abducted child was more than 8000 US

dollar in domestic issues and more than $27,000 in international cases point Australia of the

international abduction mark that parentspend an average of 30 $3,500 in search and retention of

abducted child point a large numbers of parents reported that they spend as much as they can are

more than their annual salaries Android to recover their children.

2.7.5 Abducted children........

Interviewed a small sample of 5 children to check the effect of family abduction on their

lives. He reported that the effect of the abduction the experienced was related to the age of the time

when they were abducted the behavior towards child by abducting parents during that specific

period comma lifestyle of the Giants during that time and support received after comma retention.

in few studies, it was also noticed that how long abducted children denied access to left behind

paren.........Marg that four out of five abduction including both abrar scope and policy focal cases

spent not more than one week....... founded that mostly in 17 cases the reviewed, children had been

gone between three and seven months, but in other literature the period of the function is described

rains from several days..........mark the bad the duration of the abduction from the left behind parent

footbed emotional effect on child personality short duration of impression did not give up the hope

of the unification with their parents, as a result, it did not develop any kind of intense loyalty
towards the abducting parent. Not their children's for capable to feel the kind of adventure, victims

of long duration abduction, and seems worstly feared. Often they were deceived by abducting

parent and frequent movement to hide their children. This insecure lifestyle careers difficulties for

children to make friends at any location and to set in social as well. Over a lapse of time younger

children easily forget their left behind parent which ports serious resignation on their returned find

older children, feel and react with anger and confused behavior to both parents who kept them

away and failed to recovery them..... Study on 18 children to see the secretary Kim elevation

reported the following recoveries from, abduction after being threatened with abduction or

unsuccessfully abducted, about 16 of 18 children suffered emotionally. their sign of sorrow and

anger towards left behind parents, on top of the suffering from mental indoctrination by abducting

parent find SIM in Delhi, and other research of 104 samples of parental abduction drawn from

national center for missing and exploited children NCMCE cases reported that more than 50% of

children who was unified expressed sign of emotional disturbance including is it, appetite

problems and broken sleep as a result of being conducted...........also. about the science of

recovered children who often experienced, uncontrollable crying, loss of bladder / bol, appetite

problems, broken sleep, fear and press behavior. They also stated the abduction, such as to trust

other people, week relation with others, loss of confidence, thumb sucking and clinging

behavior...... distrust of authority and fear of personal relations.... and nightmares, Puri, display

yes, guilt and attachments problems in adulthood.......... conducted a study that to know our

children were living there life after retention,.... also be contacted the study of victims of

surveillance to know the original condition after the unification.in 1989, 37 parents were

interviewed, 69 were we contacted for 1993 survey..........almost 86 to 97% parent who were

surveyed in 1993 told that their children are quite healthy and their school performance is very
satisfactory. Similarly, in 1995 surveyed was followed up but did not show any important changes

in children's behavior. despite of fact that, overall, those children who appeared what doing quite

well comma a close look of samples showed that those abductions who have been missing for long

duration are those who was unified for shorter time but doing poorly, and had awards abduction

experience.......... the findings of the study comma delimited because of in availability to read

contacts the all subjects pointed out that level of trauma and effect of long term abduction very, it

depends on the child and family individual experience and situation.

2.7.6 Criminal justice system response:

State, local nla agencies and other offices who are related with adjust system have

significant role to play to prevent the parental abduction and retention of child. Specially, all these

authorities are charged with the duty for investigating issues of missing children and filing criminal

charges against abductors. it is your duty to search for child, and abductors, collect evidence for

possible legal proceedings.

2.7.7 Law enforcement agencies response:

It is globally recognized that law enforcement is the first forum for help assistance that left

behind seeks when child is abducted. .... reported that 90% of left behind parent call law

enforcement first in the case of abduction and 62% orphan within 24 hours of their initial concern

41% of families told that they call NCMEC and 29% reported to call the abductors relative for

help......... using the data collected from NISMART pointed out that about 40% of parents

contacted police in cases about 141000. this indicates a higher rate of police reporting then in the

other family issues such as domestic violence.... these results show that parents trust on law

enforcement agencies and more likely contact with police, if the child is abducted or abductor

initiated to prevent any contact with police comma or any try was made to hide the location where
abducted child is kept....... made a survey and reported that both left behind parent and police, try

to prefer such cases to family quotes coma prosecutors or other social service agencies rather than

to handle such cases themselves.

2.7.8 Obstacles to handling parental abduction cases:

Law enforcement agencies face so many hindrance handling such kind of parental

abduction cases,.... confirmation of custody orders overpowering the PO documents provided on

guardianship orders and dealing with different explanations. decide full explanation and

contradictory information given by the abducting parent and left behind parents as well, ambiguous

explanation of law and statues about custody and child abduction. justifying law enforcement and

role of the prosecutors in other jurisdictions common leisure corporation of law enforcement

agencies of other jurisdiction to assist in the retention of child and abductor.

2.7.9 High priority abduction cases:

Some researchers in limited range describe the fact that law enforcement agencies are

more likely to respond those parental child abduction cases which are taken more serious included

those cases in which abducted children hide away are taken away from the borders...... in these

cases when the child is taken away from the borders are court orders describing the custody has

been issued in the state of abduction police action is found very quick..... Pointed out that if code

does not issue any order, it creates many problems for police to search abducted child comma or

removal apsche of child from other states 42% of States compared with 22% when no action was

pending and 25% when custody was pending. other factors to promote high priority police

response are those cases where they find a history of child abusing or harassment are the protected

child is a serious risk of sexual exploitation are the child is seriously ill and needs a special medical

care......
2.7.10 Reporting and investigation:

The national child search association assistance act of 1990 42 USC 5780 necessitates that

law enforcement agencies promptly inter a missing report of child into the national crime

information center. NCIC without wasting any time regardless if it is criminal violation or not. It

is their primary duty to register the missing report into the NC I c database without any delay.....

Conducted a left behind parent survey and provide a detail that 55.8 percent of law enforcement

agencies entered the missing report of child into NCIC database within the first week of after the

occurrence. nevertheless, about half 14 of the state abducted children clearing house surveyed by....

stated that before the registration of missing reports into ncic database, law enforcement personnel

in exactly believe that there must be abolition of state parental abduction insert issues. Almost in

one third of the states, if the police don't register any entry is made ever by any other institution.....

Generally common the entry of missing child depends upon the custodian status of left behind

parent comma partially because of the nature of different states custodial statues. having the

custody order bye quote common doubled are triple the numbers of entries in the state in which

and ncic entry is made as compare two days where custody order had not been taken jatt 75 percent

for in state custody orders compare with 44 percent for out of state custody orders and 25% for

cases dear customer order is pending..... stated net about 40% of those case dear standing order

was existing or pending have not been registered.... conducted a study to look at law enforcement

agencies and their response after getting a report of parental abduction, the server was based on

parents unreported that averagely police talk theory of the following action for each case 1 reports

over the phone 27 percent 2 an officer was deputed to visit the scene 54 percent 3 interviewed the

parents 58 percent 4 production of written reports export 61 percent 5 obtaining photograph of

children 24 percent. sometime police reference the case to any other agency 36% point in the

survey my parents but not satisfied with the police response comma 62 percent deported that thevar

sambath are very dissatisfied the ways police was handling their cases.....

2.8 State missing children clearing house:

Coloring house pizza place where mutual claims and accounts are settled point all states

and district have your official clearing house to settle the missing children matters. These houses

provide information and education to the public comma co-ordinate and communicate with parents

Kamala law enforcement pathani personal and other agencies and also provide assistance to locate

and recover the missing children. 81 percent of these clearing house but situated in the building of

criminal justice agencies to facilitate the public... reported that 50 percent of parental abduction

cases had been resolved since they started their function. Almost 75 percent of cases they furnished

there systems in special care and kept a centralized record of these cases.

2.8.1 Federal bureau of investigation:

The parental kidnapping prevention act of 1980 28 UFC 1738 a empowers the FBI to

inspect such case where child had been abducted by parents are there other agents within border

are out of border. 73.1 percent of cases bara viewed........ marked that there was no assistance from

SBI and those left behind parent who have had the assistance half of them found very satisfied

with agencies effort.... 39 percent of these left behind parents who don't have FBI involvement

believed that FBI involvement would have let to a faster retention of their child almost 26 percent

of these parents reported based on their knowledge there cases did not qualify for FBI assistance....
2.8.2 Criminal courts and prosecutions:

The eminent criminologist of parental child abduction have viewed that the methods to

handle such cases should be changed not only the law enforcement agencies but also buy criminal

courts and prosecutor's office. Before that of uniform child custody Jose diction act and parental

abduction prevention act 1980 in those cases where guardianship order already had been granted

by quotes parents who move towards on another state might be able to octane another order which

often creates conflict for them mostly left behind parents tempting to reach their children had to

do without any favourable assistance of law enforcement agencies.... reported that even though

civil courts having the power to impose civil section on parents do not exercise therefore research

proved that few jurisdiction AP special expertise Hindi language such kind of parental abduction

cases API conducted nationwide survey of 74 prosecutors officers and reported that 78 percent of

respondent deal in 125 cases annually 90 percent the in 1 to 20 cases annually.. just 1 INR 25

prosecutors office have experts to deal with such kind of abduction cases mostly cases 58% r deals

bye non experts are by several prosecutors and other cases ordeal by domestic violence family

crying special result a child abuse units..... examined in 43 g such kind of cases built by family

quotes during 19 83 to 1987 they pointed out that in 58% of these kisses criminal proceedings were

instituted 67% of abduction committed by mother and 33% committed by father and warrant were

issued in 52% in these cases where were Aryans was issued 69 percent of arrest have been made...

conducted a survey of state machine children clearinghouse to observe the status of these clearing

house and their interest an environment in locality children about 40% of clearing houses provide

a detail that prosecutor's office get involved conditionally their parents have been issued by

course..... pointed out following researches for those cases with answer in the criminal justice

system 1 parental abduction law vary from state to state many states fails to adopt the procedure
ordered by other state during investigation the case search abduction cases get lower product

because other offences are associated this greater demand 2 prosecutors or other staff of

enforcement agencies are not much expert indilink with such cases as a result are not copy with

Federal or State law. another factor which indicate the international parent and child abduction to

increase the other states for their help and cooperation for revolution such matters including law

enforcement agencies and quotes in most cases left behind parent and those who provides them

any legal assistance has to face cultural and religious prejudices and for the more undergone

network that facilitate to conceal the abductor and child husband.....

 Chapter 3

HUMAN RIGHTS AND CHILD ABDUCTION

3.1 Human Rights Interaction with Hague convention the specific aim of the convention

must hold a prominent place over other compacts and conventions concerning parental child

abduction another respect the Hague convention should be put into effect by the side of other

impacts and conventions in order to make sure that its purpose and aims are followed and achieved.

article 34 of the Hague convention States the convention shall take higher rank in issues with the

needs areas over the convention of 5 October 1961 pertaining to the control of authorised and the

law feasible referring to minors as between parties to both convention besides the on hand

convention cannot limit the application of an international agreement in force between the native

state and addressed state or other law of the state relating to child who has been illegally abducted

removed are of prior access rights. as above mentioned the aim of the Hague convention is to

promote the concept of principle of non-exclusively and does not get any international agreement

in its exercise and force between both States specifically in custody order however the other

international treaties regarding child abduction removal retention may also be help in contact name

on the aim of the Hague convention as the Hague convention is designed it has capability to hit its

aims and make sure the prompt and Swift return of abducted child in order to ensure that no merger

besides in any law towards an initially illegal factual situation regarding guardianship matters and

relevant areas of jurisdiction the Hague conventions compatibility with other convention is this

achieved through doors prior provision which enables to bring and expedite and temporary

resolution of issues are situations the first document of human right is the universal declaration of

human right 1948 Venus it does not deal directly with such problems of abduction but it's article

25 in 22 provides motherhood and childhood are entitled special care and assistance. all children
if they are born in or out of marriage Sunny new ad the same protection does this declaration is

considered the milestone 2 hours the protection and other facilities offered for childrens in Hague

convention it also indicated in the preamble of declaration that it is essential to promote the

development of friendly relationship between Nations helps with the aims and objectives of

international alliance in the speedy return of such kind of abducted child therefore it is used that

declaration of human Rights but the first stone of building relied upon by the Hague invention

which helped in its promotion. another convention that strengthens the children rights in the

international convenient on civil and political rights 1966 this agreement make sure that each child

has right to enjoy dear civil social political and cultural rights freely under the charter of United

Nations article 24 1 provides every child should have regardless any distinction as today's to trace

colour sex language religion national and social region birthplace the ridestwo measures of care as

a necessitated the statues of minor on the part of family society and state Iowa it is observed that

children from respectable groups needs protection and help in many areas and it is also exposed

that this agreement provides an initial step in their protection from parental abduction UN crc 1989

it also considered an important convention in this regard the Geneva convention of rights of child

later on it was adopted by the league of nation president by UN crc being signed and entering into

law at a very early stage in 1959 the general Assembly of United Nation improvised a second

declaration of rights of child which embroidered 10 rules for dealing in child best interest 173

therefore it was not admitted a legally binding instruments but only yeah statement of intent in

November 1989 general assembly of United Nation adopted the UN crc into international law no

it is considered the mostly broad accredited international human Rights documents and dimatik

international agreement it is the best and only international human rights documents that provides

civil social and cultural political and economic rights and also provide a comprehensive rites of
necessities but every child is an Eid in order to have protective and happiest life the UN crc

however delivers a special protection and help due to their sensitivity the UN crc is considered the

most comprehensive and complete instrument covering the whole children's rights and is the first

document which binds globally and emphasis specially on the child the UN crc is considered stila

leading instruments in its principle and preambles which states following admitting defect that the

tune fall evolvement of child's personality should be matured in family environment happiness

love and understanding and father needs for special care of child has been described in the Geneva

convention of child which was adopted by general assembly of United Nation on 20 November

1989 it is also admitted in the universal declaration of human Rights and in the international

convenant on civil and political rights of child in article 23 and 24 it is observed that such

agreements declarations convenient are working for the development of child and even so will

continue for further betterment indifferent convenient and conventions article 9 of a convention

has particular importance and provides 1 all the states who are signatory parties of this convention

must make sure that children shall not be separated from their parents without their well besides

ddos case there competent authority udemy subject to the judicial order in confirmit with law and

procedure that sucks separation would be for the best interest of child search hotels made by

judicial Court can also be necessary in the cases of child abuse honour collection by parents or in

the case if parents are living separately 2 purchase ensure the respect of the child who is separated

from parents r1 parent visitation are maintained personal relation if it is not against the interest of

child 3 if a separation is a result of any action taken by State party like detention exide deportation

or death of parents vanar both half child that stays party cell on request divided by parents child

and other members of family with necessary information recording the whereabouts of absent

member of family accept the provision of information must be harmful for the best interest of child
state party will also make sure that the provided request cell explain itself no hostile outcomes are

the persons interests it is clearly expressed in the article 93 that how the UN crc suppose the Hague

convention objects and SB Ltd upon the rules of Swift SPD return of child hey convention does

not only support to the signatory states it also provides assistance to the non signatory States for

the safely recovery of child to the left behind parent or other family members article 10 also has

significant importance and provides number 1 in accordance with the obligation of state party

under article 9 paragraph on that if an application is submitted by parents ooh child foreign gents

autoliv the country for region unification of family must be date on positive and prior Mrs state

party will make sure that search application should not colony cause any style outcomes for the

application for the applicant himself and for the other members of their family as well tu AJ child

whose parents leaves indifferent countries as a right to maintain his personal relation and direct

contact on regular basis without with both parents at the end of article 9 paragraph 1 is mentioned

the obligation of state party state party shall respect them rites of free movement of child and

parents if they want to move towards any other country as well as the entrance from any other state

the rights of movements shell be subject to fulfill the requirements accordingly according to law

that are necessary to protect the national security and public order article 10 2 reverberates with

and also partly based upon acknowledgement that have convention Hague convention provides to

maintain the personal relation and direct contact between children and parents if they are residing

in different states article 11 also supposed to the Hague convention and provides 1 state parties

shell take necessary steps to combat the unlawful transfer and non return of children 2 state parties

abound around r bound to promote the bilateral and multilateral attainments of existing agreement

article 18 of UN crc for that provides 1 state parties Celtic shell take their best steps to make sure

the recognition of the rules that both parents have there common duties for the gear care and
training of children parents or in the case of other legal custodian have the basic responsibilities

for the care and development of child the best interest should be their primary concern 2 for the

assurance and encouragement off the lights described in the present convention state parties will

responsible to provide the suitable assistance to parents and legal custodian in the execution of

their child upbringing and shall make sure the proper performance of institution facilities and other

required services for the best interests of children 3 state parties Celtic all suitable steps to make

sure that children of working parents also have the same rights to benefit from all relevant

institution for which they are eligible this article encourages the all purpose and objectives of the

Hague convention related to the concept of parental right and duties it is evident as mentioned

before these articles assist the Hague convention to make sure the swift recovery of parent li

abducted child in spite of the Hague convention hey convention employing its procedure over most

other conventions. the African charter on human and peoples rights came into effect in October

1986 with 53 states of the organisation of the African Union o a u approving it whereas the earlier

mentioned convention is important the African charter on the rights and welfare of the child which

game into operation on 29 November 1999 has signed significant importance this convention is

only for South African and non Australia the three leading conditions of this Tata charter are the

best interests of child non discrimination and supremacy of the charter overall adverse culture

cultural practice and pattern the preamble describes that the situation in most African countries

relating remain kept us as a result of social of a geometric idiomatic factors which embraces they

are socio economic and cultural traditional and developmental circumstances and it also describes

that due to the child physical and mental maturity which needs to be provided on prior basis with

special care it is also pretend pre prodaind in the preamble data child in titles. a particular and

privileged portion in African society and for the careful upbringing and development of a child
they should provide a pleasant family environment atmosphere of love and understanding the

advancement and protection of rights and welfare of children also suggest thatthe execution of

these responsibilities rests on the part of all concern dirham dear in there in. children are hands

regarded most vulnerable group in need of protection. Article 191 grants every child has to be

entitled to the enjoyment of parental love relation Kiya Kiya care and protection at any time then

possibleshould have the right to live with them. No child will be separated from parents with

consent mint only in the case of any judicial order we are determined it according to law that the

separation is in the best interest of child. article 19 to providesevery child who is separated from

the parents must have the rights to keeppersonal relation and direct contact with parents living and

state in the world on regular basis.furthermore it is observed that this chapter has admitted the

problems of parent and child abduction and due to that it is just said that this Tata can be used in

sport of Hague convention in Nan convention African States to sport in a mechanism of its aim

undoubtedly the Hague convention managers without the help of these other conventions. The

charter is the first leading Andreessen agreement on the rights of child and is framed on the UN

crc model and shares its key underlying rules. Dahek mention is no longer implemented in the

United kingdom are in your pin Union the Hague convention is no longer implemented in the

United kingdom are in European Union. Brussels to the law is functioning in these countries

nowadays. Hey convention and Brussels to have significant importance in our international

conventions as well as playing vital role in international sphere. the Hague convention itself is

admitted reality internationally in the area of family law and has a wide range of applicable rules

across different countriesVRL parcel to is specific to the area of family law and is applicable in

European union only.it is pertinent to note here that the persons to also provides eloquent might to

the Hague convention in those issues that are related with child abduction, specially in Europe.the
rules of persons are originally taken from the German for 1992 to construct on 1968 Brussels

conventions on jurisdiction and enforcement of the judgments in civil and commercial issues. The

remoulded Brussels to regulation will also apply to and abduction case wear the same standard as

for the Hague convention apply but the abduction must be within the European Union

countries,and the request for the recovery must have been made after 1 March 2005.the basic

purpose of the European convention on recognition and enforcement of decisions relating to the

guardianship of children 1980 is the development care and welfare of the children through the

getting that knowledgement Court order and is implementation for the purpose of good response

to international child abduction smo directly for the reproduction of interrupted custody child.

therefore, the Hague convention overcomes this later convention, as it is famously approved and

well drafted to deal in the application related to in legal removal and Swift recovery of children.

in the USA the first most epic to provide the constant rules over use diction related to the effort to

provide the constant rules over jurisdiction relating to custody matters started with the uniform

child custody jurisdiction act u c c j aupdated in 1997 along with the uniform child custody

jurisdiction and enforcement act UCCJEA that was publicized and embraced in almost half of its

States. the UCCJ A permits to the atheist States jurisdiction related to custody if one of the four

possibilities if the child had been living in the same state within the six monthif the child had been

living in the same state within the six month commencement of custody proceedingsare the parents

are authorised persons also had continuous series site in the state.. 2 child child and parent historic

relation with same state and search state have meaningful evidence related to child future. 3 in the

case of emergency situation.for in the case if any other state don't have jurisdiction to make custody

order.the US international child abduction remedies act ICAI a 42 us page 11601 210and the Hague

convention both are signed on the same day by US government,Congress bestowed the authority
to state and federal court to hear cases under Hague convention and later on it became the law of

land in the July 1988.that's in the existence of earlier mentioned law the Hague convention still

upholds its procedure and assistance with international abductions in South Africa the children's

at 3:18 of 2005 which came into force on 1st April 2010,have prominent place in the law relating

to children's matters in South Africa. This act was framed out and implemented to protect the

specific rights of children as mentioned in the constitution of republic of South Africa 1996 and

also gives effect to the Hague convention. In the preamble of the act is stated that the constitution

is created on the society biggest democratic value, social justice and basic human rights and it

makes its best effort to improve the quality of human life of all the citizen. Section 28 of the

Constitution contains a child specific rights and puts responsibility on state to protect and fulfill

these rights, along with others rights of equality that are described in section 9 of the constitution.

The United Nation clearly declared in the universal declaration of human Rights that children are

entitled to special care and assistance. Jiska was also extended in the term of generic and

declarations on the rights of the child this care was also extended in the term of generic declaration

on the rights of the child in the universal declaration on the rights of the child and is also mentioned

in UN crc. I'm all about discussion Hague convention has occupied prominent place among gift

other international agreements treaties conventions and loss which are made for the development

of child and signifies that but an important and useful instrument it is and will remain. It also gives

dominant place to Hague convention due to its background purpose and objects. The major

problem which a conventional has to face sometime in its smooth function in the existence of many

non-signatory states of this convention. These states are safer as heaven for abductors. However it

is pertinent to point out that in the case of production between these states that are not still the part

of this convention on those countries who havemaid agreement between their own structured states
like African Union and Australia large European Union or, it must be dealt with the prescribed

rules of domestic law of each state for the best interest of child.3.2 legal framework in Pakistan

regarding child abduction. Pakistan approved the convention on the rights of the child on 12

November 1990 showing their miss trust on interpreting its provision following the principle of

Islamic laws and values. In 1997 Pakistan decided to remove its reservation MCT heartedly

welcomed this decision since it shows the intention to implement children's rights in Pakistan

without any condition. when the report was submitted to committee prior to date the state did not

mentioned the Pakistan as a signatory state in September 2011 due to the absence of consent mint

on two protocolone on the involvement of children in armed conflict to sales of of children

p*********** and p**********. o m c t Pakistan will quickly agree to find these two protocols

also concerning the condition of South Africa region on these metals. Pakistan has also signed and

become party of the other international agreements among directly or indirectly improving the

rights of the child on, Richa the convention for elimination of all forms of discrimination against

women c e d a w signed in 1996 to, the declaration and agenda for action adopted at the issue of

the world Congress against commercial sexual exploitation of children ratified in 1996, and ratified

by UCO hammock global, commitment in 2001,and convention concerning the pro habitation and

immediate action for the elimination of the first form of child labor convention c 182 signed in

2001.remorse fully Pakistan is not still a part of any agreement against torture or other cruel

inhuman or degrading treatment of punishment c a t on 1515 June 2001 the alliance of non-

government organization against hostel c i n a t submitted an application to the Pakistan for a

Minister for the universal declaration of CID. The 90s have been marked by Mrs benazeer butto

and Mr naresh ji who ruled the country won or other up to the military coup by the general pervez

Musharraf whoabolished the Nawaz Sharif elected government in October 1999 he is suspended
the constitution of 1973 and announced emergency in the Islamic republic ofPakistan during the

military coup he got the country through provisional constitution order PCO in place of thepresent

constitution a.m. CET try to know the authority which empowers a single person alone. article 4

3D of the PCO number 1 1999 describes that the basic rights bestowed by chapter one of the part

11 of the constitution,not in clash with announcement of emergency or any other order madefrom

time to time shall can to do in 24 continue in force.however the basic rights conferred in the

constitution of 1973 are settled inpp force after October 1999. article 5 1 of PC number 1 States

all legal documents celkon 3 you in force until changed amended are cancelled by the chief

executive. article 2 two of the PCO number 1 of 1999 assured the continuity of all course existing

before the military coup.after 11 September present Mishra decided to give it to so called war on

terrorism and has to face thevoluntary action and opposition from national islamist groups.at the

same time emergency was declared throughout the country to empower theinstitution to fight

against terrorism and to maintain law and order situation in Pakistan. in April 2002 in spite of

heavy criticism from human Rights activist and from opposition groups a referendum was

conducted by president giving him and other tenure of 5 years as president.mean by again amended

the constitution to get the new powers including the power to dissolve the parliament.in October

after the military coup the first general election was organised and in November, Mir Zafar lakhan

jamali took The oath of new prime Minister of Pakistan.after the election and establishment of

national assembly the constitution of 1973 was restored with numerous amendments.during the

years of military government they did not care about the abolishment of basic human Rights it

seems that their political agenda was only to focus on the rules against terrorism then on the

development of human rights.

3.2.1 children and armed conflict.Pakistani civilian have already I have always been a victim of

conflict either on the border of Afghanistan are in Jammu and Kashmir and specially children

among them.living in such conflict situation it creates hazards in the some basic rights of children

they have.

3.2.2 child soldiers. article 38 of the convention states that signatory parties salaries train from

recruiting children in army under the age of 15 years, but have not attend the age of 18 years,

priority will be given to the oldest. Pakistan signed the optional protocol on children in armed

conflict in 2001,describe their state parties will make sure to produce an order that those members

of army that have not reached xviii year will not take part in any hospitality.the report further

explains that the Pakistan national service act 1970 make sure that the age of recruitment in army

in Pakistan is 18 years.o m c t appreciated and welcomed the Pakistani recruitment policy in

military with the convention and optional protocol.Pakistan is known as a major source of recruits

for different armed groupsinvolved in different kind of violence within country and in

neighbouring as well.o m CET special trying to know the role of thousands Islamic school in

Pakistan.it has been loved it that these mother saas Islamic school have emerged as centres of

regretting training of young fighters 2 sent in Afghanistan and Jammu and Kashmir.government

of Pakistan have tried so many time to construct framework for monitoring these madarsa Islamic

school but face is heavier position from islamist groups in country. mqm muhajir, movement is

also reported to recruit young fighters to create violation against Sindhi community. article 41 of

optional protocol provides that improve those are different from States armed forces are not

allowed to recruit are used person in hospitality under the age of 18 years. article 42 further

provides that state should practice our steps and make efforts to prevent such kind of recruitments

since Pakistan has not yet signed this protocol o m c t codes that Pakistan will try it doesn't respect
to these provisions. 3.2.4 refugee children.Pakistan has clearly declared in its official report that

government is going to develop one of the most generous policy for refugee children and has done

much more already for refugees children with limited resources. oem CT admit the fact that having

huge burden of its own population massive arrival of refugees especially from Afghanistan

overrated its burden. in the end of 2005 uni rights organisation set that Pakistani policies for

refugee are becoming hostile increasingly as Pakistani authority deported several Afghan refugees

in August 2001 Pakistani government to review the policies regarding refugees which would have

made more respect full of international standards but September 11 suddenly interrupted the

project the new war against terrorism in Afghanistan reverse the attention of international

community from parks and policies about refugee as for the refugees condition within the Pakistan

is concerned most of them are living without any registration and without any assurance of rights

and other assistance as well it is seen obviously that 50% of Afghan refugee children are living

without any child right which exposes the Pakistani policies directly affect the children right

human Rights commission report at that a little amount of refugee children are seen to go to school

actually many of them were sent to work for the family income the women's commission for

refugee women and the children pointed out that refugee children specifically residing in urban

refugee communities were engaged in hard work carpet rivers Street children beggars brick makers

house servant androi sellers expressing their physical and psychological suffering now a new

government has been established in onusthan with completely new context emissive return of

refugee has been started in 2002 one City by doubt and guides to come to know the real picture of

truth that what kind of steps are taken for the care and development of child during this phase and

believes Pakistan will do for the most respect to international responsibilities for the best interest

of child 3.2.5 discrimination the official report regards non-discrimination as a basic and, rude to
the implementation of the convention and further describes the Pakistani conclusion and loss

Pakistani constitution and loss in general identifies the principle of non discrimination not only for

the children but for all persons article 21 of the Constitution of Pakistan provides that all citizen

are equal before law and are entitled to equal protection of law Pakistani authorities as shows that

there is no discrimination against children regardless their dwelling language religion or economic

background and against refugee children.oem cities deep concern is about those discrimination

which are caused by torture.religious discrimination of minorities and discrimination against girls

specially are major concern in Pakistan nowadays.

3.2.6 discrimination against girls. article 25 two of the constitution provides that there shall be no

discrimination on the basis of sex alone.MCT does not seem satisfied with the world alone and

pointed out that alone at the end of the sentence weakens the efficiency of provision as it allows

other discrimination then sex. MCT desired to know more about the meaning of alone and its

further interpretation and recommends to adopt the more embracing definition of discrimination

as described in article 2 of convention.

chapter 4

Child abduction and transnational jurisdiction.

The great illness of 20th century instituted in all of our suffering and have certain disposition

towards individual and society is the loss of soul. When we feel to hear the sound it does not go

away it appears in compulsive thoughts addiction violence and loss of meanings. I was giving to

be honoured the opening of 9th international Congress on the rights and protection of children held

in Hamburg Germany in October 1991, raised by international society for the emergence of child

abuse when this fact came to my notice that how international agencies co-operate and share their
expertise in trying to know the problems of child abduction and transnational jurisdiction. The

Congress marked many issues of importance and extent rate that child abuse can really be

discouraged through internationalcorporation as well as collective efforts making by our own

Nation. Child abduction is the abducting / kidnapping of a child so many unkind forum of child

abduction exist.

1 Stranger can abduct the child for criminal or impish objects.

2 A stranger sometime can remove the child for bringing up as persons on child.

3 Orphan in the course of after divorce parents himself abduct or remove child for the sake of good

care of child.

Abduction by stranger. The abduction cases occurring in routines 9 days but strangers seems the

classic form of kidnapping in which the child is removed taken away help for ransom sexually

abused and then murdered. The elements in this crime involved taken away the children from

family community and is possible to the country and transported to the other country for the

purpose of sexual exploitation. parental child abduction.the at most frequent kind of child

abduction is parental child abduction which commonly happens when parent get separated or start

their divorce process through Court.it is possible to believe that parent object the child to seek

benefit in the expected legal proceeding for guardianship or they, share to use the child during the

long and lengthy process of court it is possible that a parent may deny to visit the child during

process afreen afreen with the child to stave off the access of visit of other parent. it is up to the

law of those countries that they consider this act as criminal offence or not.for example in UK

detention of the child for period not less than 28 days without consent of other parent is criminal

offence. many of US states have also recognised such kind of abduction as criminal offence. the

national conference of commissioners on uniform state laws has taken a responsibility to frame
out a uniform State law relating with parental abduction. international child abduction.the utmost

GRE problem starts when a child is abducted by parent and cross the international border because

the rules of every country are different from other show a foreign country order is worthless across

the border.the Hague convention on the civil aspect is an international agreement and provides

legal process to recover the abducted children from other state by one parent or by other family

member. the USA ratified this in 1988 and Japan is only ji seven Nation that is not a part of this

agreement.child abduction is considered as both civil and criminal law therefore of a child once

taken away by parent election it is often that as a civil matter.marriage is the only factor which

binds the both parents in responsibilities if a father is not married with the mother he does not have

any parent responsibility simply because of being father but is the essential for him to obtain it

through a court order or buy formal agreement with mother.it is only the course authority to pass

an order for a parent giving permission to take a child across border for specific period. in the case

of failure ordinal to return the child after the expiry of the court order it will be constituted in legal

custody of the child for the purpose of heat convention and Brussels to regulation.IFS code steel

share of abduction from taking child abroad beyond the jurisdiction of the court which is termed

as transnational jurisdiction can pass the order for both a single parent to not take the child

abroad.taking are sending a child abroad beyond the jurisdiction of his / her country without the

wheel of the person who is working as per intelligent or has a parent responsibility by god or by

parents amounts criminal offence.it is not commit tense of any offence we are the child is subject

of custody and a court in which cases under proceeding has given permission to remove the child

from the country. history of Hague convention.to identify the adverse effect of child abduction the

Hague convention inscribed an international agreement that provides the suitable legal procedure

and remedies for international child abduction and to unite the nation.the main purpose of the
convention entailed tracing abducted children in show their Swift recovery and return to the

Homeland and provide facility to access the rides it is a clearly stated in the preamble to protect

children internationally from the adverse effect of the illegal abduction or removal and to establish

procedure to make sure their Swift recovery and return to the state of their native home as well as

to secure the right of access. the Hague convention was considered conscript under the supposition

that the main transgressor of international child abduction was non-custodial father who does not

seem satisfied with the actual result of custody proceedings.the convention provides remedy of

return of child only in the case where such removal is determined in legal by judicial Court.illegal

/ wrongful is explained as only in the form of breach of rights of custody ascribed to a person.under

article 1 the main aims of the convention are to ensure the swift recovery and return of child in any

contracting state and make sure that the right of custody and access under the law are treated

respectfully uncontacted States.other names of the convention comprises protecting children from

adverse outcome of illegal detention prevention international parent and child abduction protecting

international community to make sure the swift recovery and return of child to his habitable

residence country and rights of access.the convention very clearly describes the differences

between the right to access and custody right because many critique so that the similarity of

protection main confuse the judicial authority to provide equal right for both parents.therefore the

remedy of the return against the violation of rights of access is not available in international

parental child abduction cases.article 21 of the convention emphasis on the importance of access

rights by spotting the exercise of these rights of non custodial parents.the Hague convention on the

civil aspect of international child abduction was approved in 1980 and US became the signatory

members on July 1st 1988.the Congress approved the international child abduction remedies act i

c a r a for the execution of a convention because of the both are inescapable interposed.the Kansas
supreme Court case of bulbasaur versus masvidal muscle is the most informative about the

standard fact which often arises in the cases of international parent and child abduction. in 1991

Mrs Dell masu citizen of us and Mr delmas to French citizen get married in US.four children born

during their marriage three of them were born in France and one was born in Canada. Dalmatian

family lived in France Canada and us during their 8 year marriage.particularly the family lived in

Canada from September 1994 to July 1995 and afterwards lived in Kansas from July 1995 to March

1996 and then they moved towards France where the left till early January 1999. in 1999 Mrs

delmas who left the France with three children out of 4 stating that she was not satisfied with her

marriage and afraid of the judicial proceeding if a husband registered the case in France. she would

not be able to move anywhere from this place. after her departure Mr dolmas who started legal

proceeding against her in the court of d9 France. on the holy 29 1999 denim Court passed a

provisional order in the favour of Mr del muscle.on April 12 1999 miss Adele masoor register the

case for divorce in Kansas requesting to pass a temporary custody order. the court fix a case for

hearing we are realised that the other parent is addicted to use psychological medication.moreover

the court reached on the result private hands that both the parties engaged physical punishment as

a method of discipline.therefore the court did not pass any order of temporary custody in favour

of middle massu and arranged telephonic conference on May 12 1999 where all parties are directed

to appear with their consoles and stated these conditions 1 Mr Dal masoor was enjoying garden

ship rides when Mrs Al masud abducted the children from France two as mentioned interpretation

of divorce that children's result residence bar exact.nevertheless Mrs delmas who denied the illegal

detention of children and argued that there are exceptions in convention in favour to return the

children to Mr Dalhousie.she also edited that if he returned the children to France it would put

them into a critical psychological or physical risk.mean by Mr delmas who also filed a formal
petition for recovery and return of children depositing the declarations of habitual residence of

children and some other legal instrument clarifying the applicable law with the sport of these

documents he proved that Mrs Dal masoor has committed a crime of illegal detention of children

from France. after examining the leading and other supportive documents in high Court passed

these orders a France was suitable forum settle the custody matters the mystical machine has

established the dominance true evidence that Mrs Dal masoor wrongfully retained the children

from their habitable residence c mix Dal masoor could not satisfy the court by establishing

evidence that determine of children in France would put them in critical physical or psychological

risk are there down is not permitted in fundamental of human rights and basic freedom.the court

passed in order to Mrs delma soon to return the children to France . revised Brussels II

regulation.the revised Brussels II regulation has also established of year equitable and compact

process to deal the parental abduction in Europe .although it is published on the basis of Hague

convention but describes some grounds on which return can be refused and gives significant

importance to hear the child view as well with parents view in trial. the revised Brussels second

regulation describes and gives utmost importance to to take consent of the state from which child

is abducted for return of child within the European Union . outside the European Union but within

Europe .despite the fact that the revised Brussels II regulation came into force on 1st March 2006

but your p n convention stays in force and continue to implement between the member states

outside the European. outside Europe. under article 21 of the Hague convention it possible to

implement in some countries due to the Hague convention on the civil aspects of international

child abduction.the Hague convention acts on the principle of determining child who are under 16

year age illegally abducted by parents and taken away from the country of their heavy jewellery

residence. to prove the illegal removal there must be a breach of rights of custody that are actually
practices by a person institution or any other body under the law of the state that is habitual

residence of the child.under the Hague convention course are necessitated to pass the order for

return the child who are illegally removed away from the country of habitual residence,but there

are some following reasons on which return of the child can be denied,one if the court is satisfied

that the return of the child will put him in critical psychological or physical risk are in further

complex situation. 2 in the case of child score New Court has two decided that either it's enough

mature statement for his object. 3 if the applicant was not practicing the rights of custody at the

time of removal.it is pertinent to mention here that Pakistan and UK has mutual protocol relating

the issues of protection of children of UK and Pakistan from the adverse outcome of illegal parent

and removal from one country to other and for the development of children. on 13th February 2006

it was signed by the lord justice of England and Chief Justice of Pakistan Mr justice if they are

warmer choudhary to secure the future of protocol.furthermore attire attention is required by both

States to frame out and important this protocol into a domestic legislation. this protocol was

reduced as under reproduced as under. the president of family division and honorable Chief Justice

of Pakistan in counselling with senior member of family judiciary of UK and Pakistan as well have

met on 15th to 17th January 2003 in the royal Court of Justice in London reached the following

agreements. it is agreed that . 1 in ordinary conditions the court of the country where child is

habitual residence will decide the best interest of the child welfare. 2 if the child is retained from

UK to Pakistan or from Pakistan to UK without permission of parent with the custody order or

interac interdict order from that Court where the child has been ordinary resident,the judge of the

court of the state to which the child has been retained shall not generally exercise during diction

ever the child as it would be necessary for the court to pass an order for the return of child, as it

would be necessary for the court to pass an order for the turn of the child to the country of the
ordinary residence. 3 if a child is taken from UK to Pakistan and from Pakistan to UK by a parent

with visitation right with the consent of left behind parent with custody or internet order from the

court of child ordinary residence Orange result of an order passed for registration and their period

has expired child hereby retained without consent should be considered a breach of court order in

the circumstances in the court of the country where the child has been retained shall not ordinary

exercise any jurisdiction over child and it is necessary for the court to pass an order for the safe

return of the children to the country of ordinary residence. 4 the above-mentioned principles will

be implement without any discrimination of nationality culture religion of both a single parents

are the children of mixed marriage . 5 in the case of dispute regarding the heavy Jewel residency

child and application must be made to decide the residence matter first before passing any other

order for the best interest of welfare of child. 6 these applications should be deposited by the

applicant listed by the code and should be decided promptly. 7 it is also committed that both

government of UK and Pakistan will give imperative care to identify are developing an

administrative service to provide the resolutions of fractional case which are not covered by the

Hague convention on civil aspect of international child abduction.UK Pakistan second judicial

conference held at Islamabad on 22nd and 23rd September 2003. agreed guidelines. 1to grow the

public awareness of protocol and provide any update to judiciary and lawyers for practicing

specially family case regarding this protocol. 2 to provide access to justice to left behind parent

and knowledge of their rights as well. 3 to institute a system by which the judge in each province

of Pakistan will be given a task to check the formation of committee to provide legal assistance to

such parents. 4to emphasis the importance of mediation within the family. 5 twins is the

importance of relation between Pakistan and UK particularly recruitment of experts ryzen judges

who should knowledge about all the relevant cases. 6 to increase the importance of having judicial
links between Pakistan and UK that the judges of both countries will meet time by time to discuss

the implementation of protocol almost two judges from each side after 2 years. 7 to emphasis the

need to address those issues that arise during the relocation after the return of child to the country

of his habitual residence. 8 to establish a legal body in each country to have open access by a

distance person seeking legal support in such cases relating to illegal abduction. legislation. the

chief justice and other judges accentuated the risk of legal challenges to the protocol and does the

need to protect its future by inclusion and Tula by legislation. moreover they also mentioned and

focus that there is a diet need for suitable steps by both government to formalize the protocol and

its inclusion m2 domestic legislation receives necessary. administrative procedures.the chief

justice approved the registers comment that a clear administrative procedures are needed to start

legislation in Pakistan following a reference to live in judge specifically as mentioned Court have

sumoto jurisdiction.moreover it was also agreed that such administrative procedure needs to be

put in both countries to make it easy for the implementation of the protocol. judicial licence. it was

also admitted that all necessary information should be provided in the fax transmission Pakistan

including the family detail residence contact numbers and emails. register of specialist liars. it was

also send it to register a specialist lawyer having enough knowledge about such cases in age of the

province of Pakistan. register of non governmental organisation. it was also assented to register

the NGOs in Pakistan which would make easy to pak of UK based organisation working on child

abduction cases. Malta conference.it was also I sent it to prepare the necessary work on coming

conference in Malta which would be much modified by the participation of Pakistan. this is council

regulation EC number 2201 / 2003 of the European Parliament came into effect from 1st March

2005.the regulation was formulated to deal the cases of parental abduction within the European

Union. dysregulation also supposed to AMP implement the force orders of contact rxs exchange
with the regulation provides an opportunity for left behind parent to mitigate the issue of custody

in own country if I return order is not passed.if the left behind parent in such situation obtained in

order for the recovery and return of child such order should be in forced in the country where child

is located in spite of the fact that too have and alien and return order. the European convention.

from 1st March 2005 this convention will operate only those States which are not cinetara members

of European Union. all the application from your pin Union States will be operate under the revised

Brussels 2nd registration. the European convention already used in abduction cases because the

convention operates only there an order already exists.the convention has so many application for

the implementation of excess order do these orders passed by the European Union are admitted

must be enrolled before being implemented.the implementation of these orders may not effect

immediately after registration. there are numerous of reasons on which implementation can be

refused these are described in article 9 and 10 of the European convention. how abduction

application are handled. the revised Brussels II regulation Hague convention and the European

convention are linked with the system of Central authority. each member of the state depute a

central authority which works as a contact. for all application under above-mentioned convention

or treaties.those parents whose child has been removed from one convention country to the other

convention country and is hold their application will be submitted to the central authority of the

country where they are living and then this application would be sent to the child abduction and

contact unit and if necessary the expert lawyer would be hard to provide his servicesand then this

application would be sent to the child abduction and contact unit and if necessary the expert lawyer

would be hard to provide his services who would be responsible for

a taking the instructions about application. b collect and assemble evidence. c feeling afterwards

of actual condition and foreign law. d instructing council and attending the hearing. hey convention
also provides the legal assistance for return the child. the parents will bear the all expenditure of

case. in most countries the cost of the case is not required under hair convention. in USA legal aid

is generally not provided therefore many efforts have been made by us Central authority to provide

free legal assistance are at least at lowest rate. in fact cost of the case is liable maintaining the child

is not covered by the Hague convention or not by the revised Brussels II regulation.the applicant

has a right to put a request making an order for travel cost should be made against the person has

removed the child.the court can consider the application but is not bound to issue such an order.the

article 3.17 to of lithonia civil code describes that custodian must free the children to have free

contact with relation relative or other persons who are closed to them in the best interest

of child.in case of area of any complaints that child protection authorities other quote will pursue

the article 3.17 6 of the same code main order the parents to comply the obligation. although the

Russian federation is not as signatory party of child abduction convention but it does not spare

them to help the responsibility for any violation of right of children in context of international child

abduction.there are other so many international treaties legally binding its SP to act for the best

interest of child.uncc and specifically the ECS are the main documents that can be applied both

national and international course in Amritsar cases involving Russia. 10 case law from that is c h

r code 10 kesla from the e c h r code. the Russian federation is legally bound in the issues of

parental abduction relating to the best interest of the child. moreover the preference to the best

interest of the child under the u n c c was adopted on 23rd march 2011 at the finish Russian

conference of experts on international child and family law. the further recognised with other

things that child has a right to bit free relation with both parents with accept exceptions as if it goes

against the best interest of child. Russia has also shown its consent to join the abduction

convention. The question of ordinary residence has significant importance with regard to
international and parental abduction. The appraisal of case whether the bachchan is unlawful or

not will be according to the law of the state where the child was ordinary resident soon before the

retention or removal in accordance with article 3 paragraph on a of the abduction convention and

article 211 a of regulation. Since the abduction convention has not confirmed the explanation of

the term habitual residence the metal has become the puppet in hand of general public and judicial

authorities. According to the conventions explanatory Veera Pak report. Domain access in the

abduction meta must be that the child removal or retention against the consent of other custodian,

should not generally lead to the change in normal residence. From the point of view the significant

cars in assessing the ritual residence is time both the time return proceedings and the time spent in

new environment. the permanent stay of abducting parent in a new country is not too much

necessary in case where the child has no habitually at all are has more than one residence.