PARENTAL CHILD ABDUCTION AND INTERNATIONAL HUMAN RIGHTS LAW: A LEGAL ANALYSIS OF TRANSNATIONAL JURISDICTIONAL FRAMEWORKS AND THE POSITION OF PAKISTAN

Abstract

Parental child abduction has transformed into an increasingly complex issue of global child custody, carrying severe psychological, physical, and emotional repercussions for both the left-behind parents and the abducted minors. Unlike conventional kidnapping, parental abduction involves family members violating custody rights or crossing international borders, creating distinct challenges for domestic and transnational legal frameworks. This paper examines the historical evolution of parental child abduction, its intersection with international human rights instruments—such as the United Nations Convention on the Rights of the Child (UNCRC) and the Hague Convention on the Civil Aspects of International Child Abduction—and the specific legal vulnerabilities present within Pakistan's judicial system. Given that millions of Pakistanis reside abroad, the absence of a formal framework aligning national laws with the Hague Convention creates substantial legal voids. This study utilizes theoretical and inductive-deductive legal analysis to evaluate current jurisprudence, emphasizing the necessity of adopting international standards, fostering bilateral judicial cooperation, and prioritizing the best interests of the child.