Court tells FIA to recover US-born minor boy from mother, hand him over to American consulate

A family court on Thursday ordered a US-born child illegally brought into Pakistan by his mother to be returned to his native country.

Civil Judge (Malir) Muhammad Farooq Abro authorised the Federal Investigation Agency Human Trafficking Cell to recover five-year-old Rohan Faraz Sheikh from his mother Javeria Shahani and hand his custody over to the US consulate in Karachi for his return to the relevant foreign court for further orders.

Javeria Shahani and Mohammad Faraz Sheikh's marriage was registered in the US on August 21, 2017, and out of this wedlock, Rohan was born on January 8, 2019, in the US. The couple started living separately from October 2021 as their marital relationship fell apart. Subsequently, a case was filed before a Mecklenburg County court in North Carolina for the custody of the minor. On February 3, 2022, the court issued a joint custody order.

The US court also allowed the woman's pleas for temporary child support and post-separation support, ordering him to pay both her and son's expenses. The woman claimed that the respondent, Sheikh, failed to follow the order and due to the non-payment of maintenance, she travelled to Pakistan on April 28, 2022, with intimation to him through WhatsApp.

However, the child’s father claimed that she abducted their son by taking her to Pakistan and then cancelled her return ticket. He subsequently approached the US court for emergency custody of the minor, which was allowed. After the woman failed to return the child's custody to him as per the order, Sheikh moved the criminal contempt of court plea over the violation of the order. On May 26, the court ordered the mother's arrest and imprisonment for 30 days with a fine of $500.

The matter was again taken up by the US Court on June 21 when it again upheld its order, requesting Pakistani courts to return the child's custody to the father. Upon arrival in Pakistan, Javeria, however, filed a guardianship application with a Malir court, seeking declaration she was the legal guardian of the minor for his well-being and welfare. Sheikh later approached the Sindh High Court, seeking custody of the son.

On October 6, 2023, the SHC directed the Malir family court to decide the case keeping in view the amendment brought to the West Pakistan Family Court Act, 1964, regarding the return of child under The Hague Convention on the Civil Aspects of International Child Abduction, 1980, after hearing the parties within one month.

The judge said Pakistan has signed The Hague Convention on the Civil Aspects of International Child Abduction, 1980 in December 2016, which has been enforced w.e.f. 1st March 2017 and the objects of the convention are to secure the prompt return of children wrongfully removed or retained and to ensure the rights of the children.

He noted that Rohan is a US citizen by birth and his custody is being regulated by the foreign court. The judge observed if father was not obeying the orders of the foreign court regarding financial support, the woman ought to have instituted contempt proceedings against him rather than to take the US-born child to Pakistan deceitfully.

"The conduct of the mother of removing the child from the jurisdiction of a foreign court is sheer violation of not only the foreign judgment/order but certain articles of the convention," he said.

"Let me now address the another contention raised by the learned counsel for the mother which is that the articles of the convention are against the injunctions of Islam and against the spirit of Article 2A of the Constitution of Islamic Republic of Pakistan, 1973 and principles of Islamic teachings as the mother has the right of Hizanat over the minor and [under] no circumstances she can be deprived of her preferential right of custody over the minor.

“Indeed, the parents as well as the minor are Muslim by faith, and mother may avail such preferential right over the minor, but the foreign court has already undertaken the superintendence of the minor," he went on.

"In the present case the custody of minor is being regulated by the foreign court and the father of the minor is not only alive but has also been given the custody and care of the minor against the mother and he, in the opinion of the foreign guardian court, is not unfit to be guardian of the person of minor."

Faraz Sheikh's lawyer contended that the case in hand was exceptional and extraordinary as it is the matter of international child abduction, where the minor is a US citizen, who has been abducted by the mother from the US and brought to the Pakistan during the pendency of the custody case in the US.

He said the US court ordered the child’s temporary full custody be given to his client and it also requested Pakistan to enforce the said order and seize the child and return him to the father’s custody, pending a full hearing on the father’s claim for custody.

The counsel said the US court has also issued two arrest warrants for the mother and an order of criminal contempt requiring her to serve jail time in the US, adding that the Federal Bureau of Investigation was seeking the FIA’s assistance with this child abduction case and the matter has been listed on the ‘Most Wanted List’ for ‘Violation of Custody Order’.