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Pakistani court orders Molly home

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The mother of schoolgirl Misbah Rana said her daughter will have her chance to say who she wants to live with.

A judge in Pakistan has ruled that the 12-year-old must return to Scotland for the Court of Session to decide custody.

 

The girl, also known as Molly Campbell, travelled to Pakistan to be with her father Sajad Ahmed Rana in August.

 

The ruling in Lahore concerned whether an order by the Court of Session last June giving interim custody to Louise Campbell was violated.

 

Misbah is very devastated, she was crying, she is very upset

 

Sajad Amed Rana

Misbah's father

 

The judge ruled that Misbah must be handed over to the custody of the British High Commission within the next seven days.

 

Ms Campbell has an action lodged with the Court of Session for permanent custody of her daughter.

 

Misbah and her father also have papers lodged with the Edinburgh court defending the action.

 

Ms Campbell, said she was "elated" that her daughter will be coming back to Scotland, but added that she will be "confused and scared".

 

She told BBC Scotland: "My immediate thoughts are a big hug - hug her and breathe her in.

 

"I would love to talk to her on the phone to reassure her that the case is still going on over here and she gets to say her point of view."

 

She added: "I think Molly is going to be quite scared and confused. I just want to tell her that it is all going to be okay - it's all going to work out."

 

The lawyer who represented Ms Campbell in court said she was eagerly awaiting her daughter's return.

 

Naheeda Mahboob Elahi said: "I spoke to Ms Campbell earlier and she is very happy and excited, very grateful.

 

"This was not a decision about custody. It was a decision on whether Mr Rana had acted improperly by violating the court order made at the Court of Session in Scotland in June last year."

 

The lawyer added: "Misbah should get a chance at the Court of Session to say who she wants to live with."

 

Mr Rana said his daughter was "devastated" by the decision.

 

'Really pleased'

 

Speaking outside the court in Lahore, he said he will be seeking legal advice about lodging an appeal.

 

Mr Rana said: "I was very surprised and shocked by this decision.

 

"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."

 

Lesley Philips, the lawyer representing Ms Campbell in the UK, welcomed the court's decision to follow a protocol between Pakistan and the UK on the handling of custody cases.

 

She said: "We are really pleased the court's enforced the protocol."

 

 

Misbah and her mother Louise before the child left for Pakistan

 

The youngster left her mother's home in Stornoway and travelled to Pakistan with her 18-year-old sister Tahmina three months ago.

 

Ms Campbell made an emotional appeal for Misbah's return but the youngster stated publicly that she wished to live with her father and wanted to be known as Misbah.

 

Her mother lodged a petition in Pakistan claiming the youngster had been taken there illegally by her former husband and eldest daughter.

 

Ms Campbell did not attend the legal proceedings in Lahore.

 

Her lawyer said she had not travelled to Pakistan for health and financial reasons.

 

A proposed compromise based on a shared custody arrangement collapsed in court after Mr Rana's lawyer insisted that Misbah should only be allowed to see her mother in Pakistan and not be allowed to return to Scotland for at least two years.

 

The judge had said he considered this unreasonable.

 

http://news.bbc.co.uk/1/hi/scotland/highlands_and_islands/6192406.stm

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