A mirror judgment / order is issued by another court which contains the same terms as those that are contained in the judgment / order being mirrored, this is done so as to avoid any variation in context, form or substance.
Mirror judgment / order are known as the judgments / orders which mirrored and reflect the primary judgments / orders passed by the court of foreign jurisdiction to implement the said primary judgments / orders in interjurisdictional matters, such as child custody, visitation and temporary custody matters.
The courts of a country where the child / children ordinarily reside have the primary jurisdiction over the subject. They are competent to decide the matters like child custody, visitation and temporary custody, keeping in view the welfare and large interest of the child. In circumstances, where the child needs to be shifted from the place of his habitual residence to some other country either under some arrangement or otherwise, there arise question and issue as to implementation and execution of the judgment / order passed by the Court of primary jurisdiction. In order to tackle such a situation, the mirror judgments / orders are sought and obtained from the court of country where the child is intended to be shifted. The mirror judgment / order not only secure the operation of the primary judgment / order in that country but also tends to protect the visitation and / or the temporary custody rights of the parent / guardian.
A mirror judgment / order can be obtained from Pakistani Courts by filing the primary judgment / order of the court of foreign jurisdiction in the domestic court of law. This is done so as to avoid any variation in context, form or substance of the primary judgment / order and to ensure the implementation of primary judgment / order as much as possible.
The obtaining and enforcement of mirror judgments / orders are technical areas of law and the member of the ZA-LLP family law team are well versed of the law practice in these areas and are able to advise on the same in the light of applicable law, rules, procedure, treaties and precedents of the superior courts.
Mirror Judgment / Order in Child Custody Case
A mirror judgment / order is a judgment / order made in one country which reflects the original judgment made in another country. Mirror judgments / orders are often made in circumstances where temporary custody and / or contact arrangements have been agreed and the child will then be living in another country for a definite period of time under some arrangement. The mirror judgment / order means that the courts of the country where the child will later be living are aware of the original arrangements and they will enforce and protect the right of the other parent / guardian in the light of primary judgment / order.
The superior courts in Pakistan apply the principle of mirror judgment / order in a child custody case where either one of the estranged parent is living abroad or the parents have been declared by the Court of primary jurisdiction as incompetent and incapacitated to look after the child and his guardianship is given to some of his close relative living abroad , the court may direct the parties to obtain a mirror judgment / order from the court where the custody of the child is being shifted.
When a competent court in Pakistan enunciates a series of the conditions for the transfer of custody of a child to a parent or a guardian living abroad, an identical or mirror judgment / order is passed by an equally competent court of that country where the custody of the child is being shifted to ensure that the conditions of custody are met.
This mechanism avoid multiplicity of proceedings and contradictory judicial judgments / orders and is considered a remedy against transnational parental abduction of children in inter-country marriages.
The object of a mirror judgment / order is to safeguard the interest of the minor child in transit from one jurisdiction to another, and to ensure that both parents are equally bound in each country.
The mirror judgment / order is passed to ensure that the courts of the country where the child is being shifted are aware of the arrangements which were made in the country where he / she had ordinarily been residing. Such a judgment / order would also safeguard the interest of the parent who is losing custody, so that the rights of visitation and temporary custody are not impaired.
The court may direct the parties to obtain a mirror judgment / order from the court where the custody of the child is being shifted. Such a judgment / order is ancillary or auxiliary in character, and supportive of the judgment / order passed by the court which has exercised primary jurisdiction over the custody of the child. In international family law, it is necessary that jurisdiction is exercised by only one court at a time. These judgments / orders are passed keeping in mind the principle of comity of courts and public policy.
The judgment / order of the court which had exercised primary jurisdiction of the custody of the minor child does not have the binding effect. The court passing the mirror judgment / order can later modify the same keeping in view the habitual residence and welfare of the subject child / minor.
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