Czech system discriminated in opposition to British-Pakistani husband over little one custody: lawyer
LONDON: The English lawyer of a British-Pakistani father, battling for the custody of his two minor daughters along with his former spouse in Czech Republic has stated that her consumer was discriminated by the Czech system for being a Muslim and his ethnicity.
Otaiba Iftikhar Sheikh was overwhelmed by his former spouse Jana Sheikh after which employed gangsters within the on-going battle for the custody of their two British-born daughters aged six and 4.
Dr Lusine Navasardyan has alleged that the Czech authorities didn’t deal with the case in line with the Hague Convention. She added that on account of this the Czech authorities failed to guard one of the best curiosity of the kids below their authority.
Navasardyan stated the Hague Convention (formally often called Convention on the Civil Aspects of International Child Abduction) was put in place to take care of cases when one dad or mum removes the kid from the nation of recurring residence of that little one, with out the opposite dad or mum’s consent.
“The Convention allows the other parent to seek repatriation of the child. The return of the child, however, is not an automatic process. Article 13B of The Hague Convention states, that the member state (of the convention) that the child has been moved to, needs to make an order for the child’s return. When an application for return is made, the parent who has removed the child can put forward a defence and ask for the child to not be returned. The child will not be returned to the country of residence if it is believed that the child will be put in an unbearable or harmful environment,” stated the lawyer
She clarified that to make sure a baby’s security, the orders made below this conference are enforceable within the state the place the kid is being returned to.
“This is an important and integral part of the system and if the member states ignore orders made in another member state, then they can be considered non-conforming countries and in future any applications from them to return children to them will be dealt accordingly,” stated the lawyer, whereas emphasising why it was essential to look at the case on this state of affairs.
The lawyer added that this was additionally essential for the UK courts to know if there was a breach dedicated by the Czech authorities.
Otaiba married Jana Sheikh, a Czech nationwide, in Prague in 2011 after falling in love. According to the daddy’s Czech lawyer Hedvika Hartmanova, the couple separated in 2011 when Otaiba found that his spouse was dishonest on him and dealing as an escort.
Soon, Otaiba filed for a divorce and was given 50 per cent custody of the kids in December 2018. After Jana deserted the ladies, Otaiba sought to take full custody of the kids.
However, a Czech Court, presided by Judge Dita Krizova, refused to comply with the phrases and threatened to place the ladies within the state’s care slightly than handing them over to the daddy.
The courtroom was knowledgeable that the explanation the kids have been repeatedly deserted by their mom was as a result of Jana had prioritised her work as an escort in Norway. Yet, the decide selected to disregard this truth.
The courtroom was additionally knowledgeable that Jana had an ongoing consuming downside and had failed to supply a secure atmosphere for the 2 minors at their home.
Court papers present that Otaiba’s legal professionals had additionally expressed the fear that the younger ladies could have been sexually abused. However, the Czech social companies didn’t tackle the daddy’s considerations.
In September 2019, Otaiba introduced his daughters to the UK to make sure their security and properly being after the Czech social companies and the courts determined to not examine his considerations.
However, Otaiba didn’t inform his former spouse about his resolution to take the ladies from Prague to London.
As a response, the spouse approached the London High Court’s household division and alleged that her daughters have been kidnapped. The London courtroom ordered the daddy to return to Prague with the minors and approach the courts in Czech Republic as soon as once more.
However, Jana breached the courtroom order and made certain that Otaiba was arrested on the Prague airport.
Otaiba Sheikh’s Czech lawyer Hedvika Hartmanova identified that the Czech authorities have given desire to the mom and missed the protection and properly being of the kids.
Navasardyan claimed Otaiba’s state of affairs was not distinctive.
“Even in this day and age, fathers are quite often discriminated against in matters of children. While the UK has somewhat improved on that, Czech Republic seems to be much behind on that respect,” stated Navasardyan.
She clarified that regardless that she couldn’t touch upon the dealing with of the matter by the Czech courts however felt that there was a transparent bias in opposition to her consumer.
“It also seems to have been exacerbated by the fact that the father is of Pakistani and Muslim background,” stated the British lawyer.