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Child abduction is referred to as the taking away, keeping, withholding, or concealing of any child with the intent to detain or conceal that child from the lawful custody or control of the parent, guardian, or custodian of such child.
In other words, it can be defined as unlawfully and illegally removing the minor/child from the custody of his/her lawful guardian. Child abduction is an offense and is severely punishable under the provisions of the Pakistan Penal Code and Criminal Procedure Code.
Child abduction can be of two kinds: Parental child abduction; and Abduction or kidnapping by strangers.
Parental child abduction happens when the child is taken away or removed from the lawful custody of a parent/parents by a family member (usually the other parent) who is not authorized custody of that child, going against the family laws or principles settled by the Guardian Courts. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation—a form of child abuse that seeks to disconnect a child from the targeted parent and denigrated side of the family. This is, by far, the most common form of child abduction.
Parental child abduction happens when a parent unlawfully takes a child away from their place of residence or keeps the child away beyond a stipulated time period. A parent may well have legal custody of a child, but that does not mean the parent may take the child to another country without the consent of the other parent. Such kind of child abduction is known as international parental child abduction. The adverse effects of parental child abduction on the child and other family members can be devastating and long-lasting!
International parental child abduction occurs when a child is wrongfully removed or wrongfully retained away from their home country.
The 2014 International Child Abduction Prevention and Return Act was promulgated for the immediate and safe return of the child to his/her home country. The act ensures compliance with the 1980 Hague Convention on International Child Abduction and establishes procedures for the prompt return of children abducted to other countries.
The law recognizes a child’s habitual residence as his or her legal residence but calls for legally resolving the issue. In most cases, children are removed from their places of residence without the consent of their mothers. In some cases, young girls are married against their will to prevent repatriation to the country of habitual residence.
Although Pakistan signed the Hague Convention in October 2020, the 2021 US report noted that there were 17 pre-convention cases still open in Pakistan. In 2020, one pre-convention case was resolved through voluntary means, and two pre-convention cases were closed for other reasons. The 2022 report does not report any open cases in Pakistan.
When children are abducted or kidnapped by strangers unknown to the family members for various unlawful and illegal purposes, this is called child abduction by strangers. Such offenses occur because the offender wants ransom from parents, illegal adoption, human trafficking, child labor or slavery, sexual abuse of the minor, or even to kill the child.
This section defines the offense of kidnapping from lawful guardianship. It states that whoever takes or entices away any minor under sixteen years of age if male, and under eighteen years of age if female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of that lawful guardian, is said to kidnap such minor or person from lawful guardianship.
A minor must be under fourteen years of age if male, or under sixteen years of age if female.
A minor must be under fourteen years of age if male, or under sixteen years of age if female.
Under the Pakistan Penal Code (PPC), abduction has been declared a substantive offense, punishable under the following sections:
Whoever kidnaps any (minor) person from Pakistan or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.
Kidnapping or abduction with intent to secretly and wrongfully confine a person: 7 years.
Kidnapping or abduction to subject a person to unnatural lust: Death or 25 years imprisonment.
If your child has been snatched away and abducted by a parent who commits a criminal offense by taking the child abroad, it can be deeply frustrating for the other parent and family members, causing significant anxiety. If this has happened to your child, it is crucial to act immediately. At Kakakhel Law Associates, we understand your anxiety and are here to help in the best possible way. Our team of expert lawyers specializes in international child abduction cases and works urgently through proper legal channels to reunite you with your child.