Case Update (4 Sept 2025): Khan v. Seemab; children’s habitual residence was not a treaty party under the Hague Abduction Convention

The parties are parents to two children, ages 9 and 6. The children were born in the USA, but promptly, after birth, moved to Qatar, where their parents resided. The family resided primarily in Qatar, and visited family in Pakistan from time to time, typically coinciding with school recess in Qatar. In fall 2024, Respondent Mother traveled to Pakistan with the children. The parents’ stories then diverge. Mother indicated that this was a typical school recess visit to see family, but that during the visit, Taliban operatives visited her parents’ residence and threatened to seize the children, at which time she then left Pakistan and traveled to the USA. The Petitioner Father shared that it was the parties’ intentions that, when the Mother and children traveled to Pakistan in fall 2024, they were going to assume residence for at least one year in Pakistan, while he looked for work.

The Petitioner Father filed a request to return the children to Pakistan using the Hague Abduction Convention. The Mother sought to dismiss this petition, arguing that Qatar (not a treaty party) was the children’s habitual residence, not Pakistan (a treaty party where the USA has accepted its accession). If Qatar is the children’s habitual residence, the Hague Abduction Convention is inapplicable. It is the Petitioner’s burden to prove that the habitual residence was Pakistan. The court, finding the Respondent more credible, concluded that the evidence demonstrated that the children and family were rooted in Qatar, and the Mother and children’s time in Pakistan was simply a visit to see family. While the Father argued that they were enrolled in school in Pakistan, the court believed the Mother that she was compelled to enroll them by her in-laws and that the children only attended 3 days. Even if the court had not believed her, this time was insufficient for the children to acclimatize. Further, there was no shared parental intention to abandon Qatar as the children’s home.

Since the court concluded Pakistan was not the children’s habitual residence (and, in fact, Qatar was), the case was dismissed.