Molly/Misbahs mother wins custody case - she must return to the UK

[Piffle]

from sky
Doesn't Want To Go'
Updated: 10:17, Wednesday November 29, 2006

A Scottish girl embroiled in an international custody battle must return to her mother in Britain, a Pakistani court has ruled.

The High Court in Lahore said 12-year-old Molly Campbell, also known as Misbah Rana, must be handed to the British High Commission within the next seven days.

She will then return to live with her mother Louise Campbell in the Western Isles, Scotland.

Molly has been at the centre of a tug-of-love legal fight after running away to Pakistan to be with her father Sajad Ahmed Rana.

He said: "I was very surprised and shocked by this decision. I must speak to my solicitor to see if we can appeal.

With her mother "Misbah is very devastated, she was crying, she is very upset. She doesn't want to go back to Scotland, she wants to stay here in Pakistan.

"She did not get a chance to address the court. She doesn't want to go back to Stornoway, her mother's partner used to shout at her."

Misbah's mother had lodged a legal petition in Pakistan claiming the youngster was taken to Lahore illegally by her former husband and eldest daughter.

Mrs Campbell had been awarded interim legal custody in the UK last year, for permanent custody of her daughter.

In legal papers submitted at the Court of Session in Edinburgh on November 17, Misbah became joint defender with her father against her mother's civil action.

An international hunt was triggered three months ago after her 18-year-old sister Tahmina - who lives in Pakistan - met the youngster outside her Stornoway school and went with her to an airport

impasse

Yes a 12 yr old is a child but that doesn't mean they can't decide who they want to live with. She obviously has her reasons and they should be heard and note taken.

How miserable is she going to be, to be made to go back and live where she doesn't want to be.

Wonder how many of you would be saying she was too young if the situation was reversed and it was her mum she had fled to be with and they ordered her to return to her dad ?

yes I would listen of course

but still may decide against it

I dont think Molly gave her mum ANY warning that she was thinking of disappearing off to Pakistan

I think the mention of staff, lavish lifestyle and cash did it tbh

I saw her interviewed and she said it was great in Pakistan as she could do 'anything she wanted'.

well if she had warned her she would have been prevented from getting away..she had to arrange it secretly

I think you can't have it all ways if kids are brought up to think and make choices and be educated then they will make their own decisions

Well let's hope the parents do what is best for her, only they truly know I suppose.
The grass is often greener, but the one thing that bugged me is that her mother gave up being a muslim after the divorce, and did not support or encourage Misbah to worship(for want of better word) as she needed to preserve her faith
that is wrong IMO

At age 12, it is the cusp of puberty, very important to have thriving bonds and good communication and respect going on between y'all.

This mother has had multiple issues with substance abuse and domestic violence she put up w/at the hands of various partners after her divorce. Social Services has been involved w/her for years.

Yet she's still being seen as the only one who can offer Misbah a good home.

WHY?

B/c the UK still continues blatant sex discrimination against fathers.

Notice how her sister Tahmina legged it back to Pakistan as soon as.

Does that not mean anything?

Disgraceful.

She seems a very articulate and mature girl for 12 - probably the result of having to live w/such a saddo for mother.

Poor thing.

what mother would want something that is so obviously NOT what their daughter wants
I would be heartbroken - but iwould let her go. I would move to be with her.

aside from being excited that a thread I started has got more than 4 posts
I did think the mother was a total flake just being harshly judgemental, which I did feel guilty for btw.
I guess you get more news on it expat been up that neck of the woods?

Lots of press coverage here, Piffle, yes.

I feel very sorry for Misbah.

She was so happy in Pakistan.

Every teen I know from these remote places couldn't wait to get out, unfortunately. I work w/quite a few.

I am pleased to see the Pakistani court upholding British Law. This was not a decision that Molly should live with her mother. It was a decision that, removing her from the care of her mother in defiance of a British court order, was wrong.

The actually battle for custody will take place in the Scottish courts, where Molly will have an opportunity to have her say.

I think this case proves that the best way of managing a situation when families separate is to share care and build trust between the parties. The father/Misbah broke this trust. Mrs Campbell's move to a remote location was to try and prevent her disappearing, she felt desperate and was proved right. Misbah does seem articulate about all of this, coached perhaps. The parents both need to explain to her that her care should be shared in some way, instead of pulling her apart. They should both grow up a bit, and agree to do this instead of making it a him/her or me situation for their child.

ds is 12, dp and I have bene thinking about moving to NZ (ds was born there and I am a kiwi)
but ds's bio dad has moved to the UK 8 yrs ago to be nearer to ds.
Moving ds away from his dad, whom he is very close to,just as he starts puberty makes me think twice.
It may come down to ofering him chance to stay here with his dad.

His dad has no opposition, saying he can visit NZ for large portions of time - works as musician, and could spend "more" actual time with him than he does now.
But a lot of it will be ds's choice if and when we think about it again.

They were very close to a compromise of shared care until the father insisted that the mother could only see Molly in Pakistan and that Molly should not be allowed to leave Pakistan for a minimum of 2 years. Seems very controlling and unreasonable to me and this is why the talks broke down, forcing the Pakistani court to give its ruling.

I noticed that Freckle - given father's refusal to compromise seems inevitable it has been referred back to the original court in the UK. He's got some cheek, trying to insist that Misbah/Molly shouldn't visit her mother in Scotland - when his side snatched her out of the country in the first place!

I wonder how much of this is her father 'coaching' her, given his attitude in the Pakistani court? The older children were criticising their mother for not being a good enough Muslim which might back up a 'coaching' theory. She was only a teenager when she married their father and presumably hadn't thought very hard about cultural issues...

From what I've read, Molly/Misbah was removed illegally from the UK and I think it's only right that the law is upheld. It may well be that she goes to Pakistan anyway but at least it will have been done through the proper channels, not in a hole-in-the-wall kind of way.

I reckon she'll get to go back to Pakistan in the end

When DPs dd came to live with us she was worried sick that social services/police etc. would come and take her and force her to go back to her mum against her wishes. We looked into it and were told that once a child reaches 13 they have a right to choose where they live

Molly/Misbah can't be far off 13

I feel awful for her. I think at her age she is old enough to decide where she wants to be. At least she'll be able to go where she wants in a couple of years. You know if the situation was reversed and it was her Mom she wanted to stay with , there would have been no problem.

I feel awful for her. I think at her age she is old enough to decide where she wants to be. At least she'll be able to go where she wants in a couple of years. You know if the situation was reversed and it was her Mom she wanted to stay with , there would have been no problem.

Why shouldn't she want to stay with her father, sister and brother? Instead of with her mother, a stepfather she can't stand in a hole of a place where she wasn't even allowed to phone or email her family? she was shoved from pillar to post to prevent her having contact with her father and sister etc. as for calling her Molly Campbell when her name is Misbah Rana, I think that's racism. Campbell is NOT her name and never was.

I do feel for the mother though. It must be horrible for her. But is fighting this really best for her daughter? I might break the law myself if I felt I needed to for my child's happiness.

"They were very close to a compromise of shared care until the father insisted that the mother could only see Molly in Pakistan and that Molly should not be allowed to leave Pakistan for a minimum of 2 years".

Actually the father's lawyer stated this in court, the judge presiding thought this was naturally unreasonable hence his ruling.

This is a very sad case for all concerned.

I feel that Molly/Misbah is being used by both her parents as a pawn to get back at the other for past misdeeds. I feel also that when Misbah is of age this young lady will be totally estranged from her Mum.

Her wishes to stay in Pakistan need to be taken into due consideration by the court in Scotland.

saw something else too a timeline of the divroce adn custody arrangements
2000 divorce
kids lived with father
2003 - kids moved to Pakistan with their dad -Molly/Misbah included
returned 2005 for her brothers wedding here
Courts awarded mother interim custody.
So father had actually had her for some time anyway.
Very odd, hope they all reach a happy medium soon, for all their sakes

Very intersting and difficult case. In Pakistan she gets a lovely home and servants and money and wants to be there (a lot of teenagers would prefer that) but arguably is being brought up to be subservient, marry who she is told, accept her secondary status to men and be in one of the worst countries on earth for women's rights. Perhaps we should never be glad for girls to be brought up there. On the other hand remote bit of cold Scotland with a step father away from your siblings doesn't sound much fun either.

Legally as someone said below her mother kind of snatched her back with the interim custody application earlier is it's not a straight case of father kidnapping back but there is a rule that if you snatch a child it gets sent back for the home state to determine and probably the principle of respecting that should override everything else. It's pretty brave of the Pakistan courts to follow that rule when you might have expected them to side with their national.

It is really bugging me that the press keep calling the girl Molly when it isn't her real name - just a new name her mother decided to change it too.

The whole thing seems very odd and not as staright forward as the mother keeps trying to make it seem. Must be awful for mum to realise that her daughter would prefer to be with her father and siblings, but sadly I think mum does need to listen to her child.