1st of March 2017 Pakistan will be another country to enter into The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
Is this a step forward or will Pakistan be another signature state that ignores the rules set out in the Hague which should be protecting abducted children and making a swift end to their horrible ordeal and not protecting one of their own citizens who has committed a evil act of International Parental Child Abduction or IPCA.
International child abduction comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to a foreign country in contravention of other laws of other countries and/or the desires of other custody claimants. The phenomenon of international child abduction is defined in international law and legislated on by the Hague Convention on the Civil Aspects of International Child Abduction, which aims to trace abducted children, secure their prompt return to the country of habitual residence and organize or secure effective rights of access. The US State Department accuses numerous countries who are signatories to the Hague of being non-compliant with the Hague Convention including but not limited to, Brazil, Argentina, The Bahamas, Peru, Poland, Columbia, Costa Rica, Japan, Dominican Republic, Ecuador, Guatemala, Honduras, Ukraine, Denmark, Spain and Romania.
Accusations that countries like Brazil does not comply with the Hague Convention hinge on conflicting interpretations of Article 12 and Article 13 of the Convention. According to Article 12, “The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.
And this is exactly what abducting parents lawyers tell the abductors to aim for. Go and hide for a while and we will throw Article 12 and Article 13 into the judges face…..
There is absolutely no point countries signing up to a convention regardless of what it is for if they only sign to look good in the international community.
There are so many loop holes in the Hague that it is time it was overhauled before more countries sign to only ignore it.
Lets see, hopefully Pakistan will prove us wrong but we would happily bet our own houses on the fact that Pakistan will only be added to the list of non compliers above.