A Pakistani court has ordered that the 12-year-old schoolgirl who fled her mother’s home in Scotland to live with her father in Lahore must return to Britain.
Molly Campbell, also known by her Muslim name Misbah Rana, fled the Western Isles of Scotland in August to live in Pakistan with her father, Sajad Ahmed Rana.
But a High Court judge in Lahore has ruled that Molly must be handed over to the British High Commission within seven days and then travel back to Scotland.
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The ruling upheld a petition filed by the girl’s mother Louise Campbell, who launched an appeal to get her daughter back in Stornoway, Lewis, after Molly’s father won a case in September barring the Pakistani Government from repatriating the youngster to Britain.
The judge, Justice Mian Saqib Nisar, added that it will be for the Scottish court to rule on final custody of the girl.
An international hunt was triggered three months ago after Molly’s 18-year-old sister Tahmina - who lives in Pakistan - met the youngster outside her school in Stornoway and went with her to the airport.
Her mother claimed she had been abducted and would be subjected to a forced Muslim marriage, but Molly herself has said she wants to stay in Pakistan and denied she was under any pressure to marry.
Lawyers for Molly’s mother argued that Mr Rana had acted improperly by violating a Scottish court order issued last year, which granted interim custody of Molly to Ms Campbell. Contesting the order, they argued, should be done though the Scottish court.
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The girl’s lawyer, Dr Abdul Basit, said he would appeal the decision to the Supreme Court, the next step in the appeals process, in an effort to keep her in Pakistan.
Molly’s father said he was “devastated” by today’s result. “I was very surprised and shocked by this decision. I will go to appeal in the Supreme Court within seven days,” he said.
“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.”
Witnesses said the girl had burst into tears after the verdict while the other family members were also seen weeping.
Mr Rana continued: “She has made lots of friends at school here, she is happy living here. Her sister (Tahmina) and brothers will both be very sad at this news.
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Asked about a report that the schoolgirl had been the victim of racism while she lived on Stornoway, he said: “Yes, she got some racial abuse at school.”
Molly’s mother, who did not travel from Scotland to attend the hearing for financial and health reasons, said she was “elated” by the verdict.
“I was speechless, I was smiling, I could not take it in. I could not believe it,” Louise Campbell told the BBC. “It took some time to acknowledge that the judge actually said what he did.”
“I think Molly is going to be quite scared and confused. I just want to tell her that it is going to be all OK, it’s all going to work out.”
Molly arrived at Lahore High Court in traditional Muslim dress with her father, sister, three brothers and several other relatives. She answered several questions about her schooling in Pakistan from the judge. At an earlier hearing, she was ordered to hand over her passport.
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A lawyer for Ms Campbell hailed the verdict as a key decision with implication for other similar cases.
“It’s a landmark case because there are some 60,000 people who have married British women here and may face similar problems (if they try to claim custody of their children in Pakistan),” said Nahida Mehboob Elahi.
“Ms Campbell’s daughter must be returned to Scotland as she is ordinarily a resident there, not in Pakistan. Misbah should get a chance at the Court of Session [in Scotland] to say who she wants to live with.”
Today’s decision emerged partly out of observance of the protocol that exists between Britain and the UK under an agreement signed in 2003, in which police and judicial authorities in both countries help each other to resolve some 400 cases of disputes over children brought from Britain to Pakistan every year.
Ms Elahi predicted a “long, drawn-out battle” if the case went to the Supreme Court on appeal. However, if the appeal is admitted, it is thought that a final decision on the matter is likely to be given within a couple of weeks.
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Earlier this month, lawyers for Molly and her father challenged a continuing legal bid back in Scotland by her mother for permanent custody of her daughter. That case was suspended for six weeks to let Molly seek legal aid.
Angus MacNeil, SNP MP for the Western Isles, said: “This is a surprising decision but the case has been full of surprises from the very beginning. Speaking to the mother, Louise Campbell, recently, even she thought the deck was stacked against her and that her daughter would remain in Pakistan.
“I think Molly or Misbah’s happiness should be the paramount, overriding factor here. It’s a very difficult and unique circumstance.”
Lady Catherine Meyer, founder of Parents and Abducted Children Together (Pact), said: “Legally, it’s right that the case should be heard in the country where the original custody order was made.
“On the human side, it’s obviously devastating for children that parents can’t get together and sort out their mess. It must be very traumatic for this poor girl to go back and forth and I hope that ultimately her wishes for who she wants to stay with will be heeded.”
A British High Commission official attended the hearing but a spokesman for the mission said it did not comment on consular matters involving minors.