Another court issues a mirror decision/order with the same conditions as those in the mirror judgment/order being mirrored; this is done to avoid any change in context, style, or substance. Mirror judgments or orders are decisions issued by a court that replicate the terms of a judgment or order made by a court of a foreign jurisdiction to enforce the primary judgment or order in inter-jurisdictional cases, such as child custody, visitation, and temporary custody matters. The courts of a nation where the child/children normally live have first control over the subject matter.

Taking into account the welfare and broad interest of the child, they are qualified to determine such issues as child custody, visitation, and temporary custody. Issues often arise when enforcing a judgment or order issued by the court of primary jurisdiction, particularly when a child is required to move from their usual place of residence to another country.

To address such a scenario, the mirror judgments/orders are requested and acquired from the court of the nation where the child is set to be moved. The mirror judgment/order not only ensures the enforcement of the primary judgment or order in that country but also helps to safeguard the visitation and/or temporary custody rights of the parent or guardian.

By submitting the main judgment/order of the court of a foreign jurisdiction in the local court of law, Pakistani courts may issue a mirror judgment or order. This is done to guarantee the execution of the primary judgment/order as much as feasible and to prevent any variation in context, form, or content of the main judgment/order.

Members of the Sardar Khan & CO family law team are highly experienced in the legal practice in these fields and can advise on the same in light of relevant law, regulations, procedure, treaties, and precedents of the superior courts regarding the obtaining and enforcement of mirror judgments/orders.

Mirror Judgment / Order in Child Custody Case

A judgment/order produced in one nation that mirrors the original order issued in another country is called a mirror judgment/order. Mirror judgments/orders are typically made in situations where temporary custody and/or contact agreements have been reached, and the child will then be residing abroad for a certain length of time under certain arrangements.

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 the primary judgment/order.

Pakistan’s higher courts use the mirror judgment/order principle. In a child custody case wherein one of the estranged parents is residing overseas, or where the court of primary jurisdiction has declared the parents unsuitable and incapable of caring for the child and his guardianship has been granted to a close relative residing abroad, the court may order the parties to get a mirror judgment/order from the court where the custody of the child is being moved.

An equally competent court of Pakistan, where the custody of the child is being moved, passes an identical or mirror judgment/order to guarantee that the conditions of custody are met when a competent court in Pakistan lays down a set of requirements for the transfer of custody of a child to a parent or a guardian living abroad.

Considered a cure for transnational parental abduction of children in inter-country weddings, this process avoids multiple proceedings and opposing legal decrees/orders.

A mirror judgment or order aims to protect the minor child’s interests while travelling from one region to another and to guarantee that both parents are equally bound in every nation.

To guarantee that the courts of the nation where the child is being relocated are informed of the arrangements that were made in the place where he had normally lived, the mirror judgment/order is given. Such a decision or order would also protect the parent losing custody interest so that visitation and temporary custody rights are unaffected.

The court might instruct the parties to seek a mirror order/judgment from the court where the custody of the child is changing. Of an auxiliary or ancillary nature, such a ruling/order supports the one rendered by the court that has first authority over the child’s custody.

In international family law, only one court may exercise jurisdiction at a given time. These decisions or orders are handed out in light of the ideas of public policy and judicial comity.

There is no binding effect on the court’s decision/order exercising first jurisdiction over the custody of the minor child. Keeping the subject child/minor’s usual living circumstances and well-being in mind, the court passing the mirror judgement/order may later change the same.