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The United States has now accepted Pakistan’s accession to the
1980 Hague Abduction Convention. The Convention will enter into force between
the two countries on October 1, 2020.
It is not clear whether the decision to accept the accession is
a result of a dispassionate review of the Pakistani laws, regulations and
processes that are designed to implement the Convention or whether the decision
is a political one by the Trump administration.
The mere fact that the treaty is in force does not mean that it
will be effective.
Pakistan has been consistently non-compliant with international
norms concerning the return of children who are abducted to Pakistan. In prior
years, the U.S. State Department reported frequently to Congress that that was
the case.
Unless and until Pakistan has established a clear track record
of compliance with the treaty, including compliance with the express obligation
to return abducted children expeditiously within a target of six weeks from the
commencement of judicial proceedings, it is my opinion that great skepticism
should be reserved before allowing children to visit Pakistan over the good
faith opposition of a potentially left-behind parent.
It is also essential to understand that the Convention contains
no provisions that will require recognition and enforcement of foreign custody
orders.
