UK-Pakistan Judicial Protocol on child abduction

In January 2003 senior judges from Pakistan and the UK signed the UK-Pakistan Protocol. This is a judicial understanding between the two countries which aims to secure the return of an abducted child to the country where they normally live, without regard to the nationality, culture or religion of the parents.

Liaison judges have been appointed in the UK and Pakistan to facilitate the operation of the Protocol. They will communicate with each other on individual cases to ensure that each is aware of court orders from the other's country.

You will need a lawyer in the UK and Pakistan if you choose to use the Protocol. We have produced a short leaflet on the protocal available in English and Urdu which explains how the Protocol works.

You should seek advice from a lawyer in Pakistan on whether to use the Protocol. The Protocol has not been incorporated into law in Pakistan so Pakistan judges are only able to bear the Protocol in mind and are not legally bound to abide by its provisions. Whilst the Protocol has not been made law in the UK, its provisions are in line with the usual practices of the courts, so judges can and do make orders referring to the Protocol.

With these constraints in mind, the Protocol is one option for parents to discuss with their lawyers. If parents decide not to use the protocol to seek the return of children they will still need to decide whether to start legal proceedings in Pakistan if they cannot come to an agreement with the other parent on where their child should live. Court proceedings in custody cases can take months and sometimes years to reach a conclusion in Pakistan

The FCO provided funding to the reunite International Child Abduction Centre to conduct research into the effectiveness of the Protocol. This is available on the Reunite website.

The President of the Family Division at the Royal Courts of Justice has issued guidance on the implementation of the Protocol in the UK.