International Child Abduction
International Child Abduction
Many differences and problems may happen between couples, but problems between a couple from different nationalities will happen for sure, in most of cases, it's due to the different affiliation, cultural background, and sometimes religious affiliation,...etc. And in that case, the couple will have to work on their problems immediately, otherwise it will cause very serious problems that will be hard to resolve.
One of the most serious problems in this case is when one party abducts the child and change his place to hide from the other and, unfortunately, this problem has become prevalent in many countries, including Egypt.
The international community provided many agreements to solve this problem, one of the most important agreements is The Hague Convention on the Civil Aspects of International Child Abduction deals primarily with children who are wrongfully removed from one jurisdiction to another or who are retained outside the country of their habitual residence. That convention sets out the law and procedure that should be followed to ensure the immediate return of the children to the jurisdiction of their habitual residence.
But there were many reasons for Egypt to refuse to sign this Convention, leaving that issue to organize by the Egyptian Family Law Which is not far in the substance of the content of that Convention.
That convention sets out the law and procedure that should be followed to ensure the immediate return of the children to the jurisdiction of their habitual residence.
But there were many reasons for Egypt to refuse to sign this Convention, leaving the issue to be organized by the Egyptian Family Law Which is not far in the substance of the content of that Convention.
1. Egypt has not signed the Hague Convention on the Civil Aspects of International Child Abduction.
2. The removal of a child by the non-custodial parent to or within Egypt is not a crime in Egypt unless the child is subject to Egyptian court-ordered travel restrictions.
3. A left-behind parent must work within the Egyptian court system in order to obtain legal custody of the child in Egypt.
4. Egyptian mothers of children born to a non-Egyptian father may request an Egyptian passport for the child from any Egyptian consulate.
5. Foreign custody orders are not generally recognized in Egypt, and will not be given any weight unless they are in compliance with Sharia law.
6. Sharia law as it is applied in Egypt primarily favours the mother. Mothers are most commonly considered to be the appropriate custodians of children up to age 15. Normally, if custody disputes arise between parents, Egyptian courts uphold presumptive custody.
7. If the mother loses her presumptive custody the courts recognize an order of preference of alternate adult custodians with priority given to the mother’s family in the following order: maternal grandmother or great-grandmother paternal grandmother's maternal and paternal aunt maternal niece paternal niece. Only if these relatives do not exist, while the right of custody shift to a male.
8. By law, visitation depends on the willingness of the custodial parent.
9. On October 2003, the U.S. and Egypt signed a Memorandum of Understanding (MOU) that purportedly confirms both countries’ commitment to facilitating parental access to children in the other country. However it does nothing but provide for the possibility of some access in Egypt. It does not address international child abduction. In practice it has no teeth and is relatively meaningless.
10. As of May 2010 there were 27 active cases in the Secretary of State’s Office of Children’s Issues of American children abducted to Egypt. The Secretary of State has no power to get them back.
11. As of May 2010, one abducted child had been returned to the US from Egypt within the prior two years through judicial or official means.
It is crucial that anyone wishing to move their children or seeking the return of their children from one country to another, needs to obtain advice
from a specialist in child abduction law. It is not sufficient to seek advice from a general family lawyer,
who may not be familiar with this fast evolving area of law, where a wrong step can have far reaching consequences.
Let this be a little tip from us to you.
We work in three branches we try to solve your problem so friendly by negotiation with the other part we have our way in negotiation.
We work with justices to take order make custody for mother and if the other part refuses to observance we move a criminal case against him.
We work with police to observance this orders and we use everything to help police in observance like take orders from office of the attorney general to following calls.
According to Egyptian law custody for mother and this right not just for mother it's right for the child also and the child right is the prevail origin in this situation.
If the parent refuses to execute the court decision we move to a criminal case against him. And the judge decides the punishment depending on the deed of course, however it's usually around 3 years.