Wednesday, November 09, 2016

Expert Evidence on Risk of International Child Abduction to Pakistan


Jeremy D. Morley has submitted expert evidence to a court in California that Pakistan does not comply with international norms concerning the return of internationally abducted children and that Pakistan is justifiably well-recognized as being a safe haven for international child abductors.
The opinion resulted in a court order that did not merely bar all travel by one of the parents with the children outside a local geographical area but also required that all visitation with the children by that parent must be supervised at all times. 
Mr. Morley provided an evaluation of the risk factors as to potential international child abduction, the application of the factors to the facts of the pending case and to the balance that must be considered between the risk of abduction presented by the facts concerning a specific parent and the risk that is presented by a specific country.
The more certain it is that the country to which the child might be taken is a fully compliant Hague Abduction Convention treaty partner with an effective legal system, the more evidence is required that the individual parent is likely to be an abductor in order to justify the imposition of strong international abduction prevention measures. With respect to Pakistan, not only has that country failed to accede to the Convention but it is non-compliant with basic international norms concerning international child abduction, to the extent that the Government of the United States has deemed it necessary to issue formal diplomatic protests the Government of Pakistan.