International Parental Child Abduction

Egypt

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

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NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Egypt. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Egypt and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Egypt, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

Parental Kidnapping

The removal of a child by the non-custodial parent within Egypt, is not a crime in Egypt. However, the custodial parent can approach police authorities for the enforcement of a custody decree, or request that the court imposes a penalty.

Dual Nationality

Under Egyptian law, children born to an Egyptian father are considered citizens of Egypt, while children born to an Egyptian mother and a non-Egyptian father may be Egyptian citizens under limited circumstances.

Enforcement of Foreign Court Orders

A parent can request that a foreign custody order be recognized in Egypt, but enforcement will result only if the order does not contravene Sharia law and "paternal rights." Therefore, as a practical matter, foreign custody orders are not generally automatically recognized in Egypt, and the parent must seek legal representation in Egypt and file for custody in Egypt.

Jurisdiction and Right of Custody

Jurisdiction:

Egyptian Civil Courts have "legal jurisdiction" to hear child custody petitions. However, Egyptian courts base their decisions on "Islamic Sharia Law" when a custody dispute concerns a Muslim child. Thus, an Egyptian Civil Court considers a Fatwa, i.e., a ruling from an Islamic Institution, but the court in not bound by it.

Custody:

Presumptive custody: Under Egyptian law, the mother is favored, which means that the mother is considered to be the appropriate custodian of children; this is based on the age and religion of the child. The criteria are as follows: Muslim children: ten years (up to 15) for boys and twelve years (or their marriage) for girls. Non-Muslim children: the age of seven years for boys and nine years for girls. Normally, if disputes arise between the parents, Egyptian courts uphold presumptive custody.

Conditions for "presumptive custody": The Egyptian Courts uphold this custody for the mother if she is a person of the "Book (Muslim, Christian or Jewish)" and if she is deemed to be a "fit" mother. If the father is Muslim, the mother must commit herself to raise the child as Muslims in Egypt. It is important to note that "the right of the father to control his children’s travel outside of Egypt is inviolable. Thus, a U.S. citizen mother can have custody, but be prohibited from taking her children to the U.S. Also, under Egyptian law, if the mother (Muslim or non-Muslim) remarries she will lose her claim to custody. However, this law does not apply to the father who retains custody rights if he re-marries.

Order of preference for non-parental custody: When the mother loses presumptive custody due to remarriage, death or inability to counter court findings that she is deemed to be an "unfit mother," the courts recognize an established order of preferences of another adult custodian. This order is from first to last based upon the child's religion. For a Muslim child: maternal grandmother or great-grandmother, paternal grandmother or great-grandmother, maternal aunt, paternal aunt, maternal niece, paternal niece, and finally to a male in either the father's or mother's family. For a non-Muslim child: maternal grandmother, paternal grandmother, sister (adult), maternal aunt, paternal aunt, and finally other nieces and aunts.

Right of Visitation

In law as well as in practice, visitation depends on the willingness of the custodial parent. If a father has custody and does not voluntarily agree to visitation, the local authorities will not force the issue. The parent will have to seek a court order to enforce visitation.

Father’s Permission

Children under a certain age (generally, 18 years for boys and 21 years for girls) cannot depart Egypt without the permission of the father. If the child’s name indicates an Egyptian father, even if the child is traveling on an U.S. passport, Egyptian Immigration officials require "explicit" permission from the father before permitting departure. At times, when the name is Egyptian, a mother and child going to the United States for an ordinary visit, Egyptian authorities can require the father to go the airport to give his permission to immigration officials. In contrast, if the child’s name is not noticeably Egyptian, and the passport does not indicate otherwise, an American citizen mother and child could depart without airport officials questioning citizenship or requesting the father's approval.

Travel Restrictions (child)

Egyptian Immigration Officials allow a father to put travel a "hold" on his wife and/or children. This requires no court order or legal determination. A simple administrative procedure, which takes ten days to two weeks to institute, authorizes a "blacklist" entry that expires after six months if not renewed. However, this entry can be extended "indefinitely" by the father or by anyone acting on a father’s power of attorney.

Travel Restrictions (wife)

An Egyptian wife requires the permission of her Egyptian husband to obtain a passport and depart the county. Although this law also extends to a non-Egyptian wife, we are not aware of any cases where a U.S. citizen wife with a U.S. passport was prohibited by her Egyptian husband from departing. Immigration authorities have not asked an American woman, married to an Egyptian, to produce permission from her husband.

Visa Stamps

Departure: Immigration officials will prevent departure of any individual whose passport lacks a valid entry stamp and residency visa. Egyptian procedures to obtain valid entry stamps and residencies must be followed by the bearer when the U.S. Embassy issues a parent or a child a new passport.

Residency Visa: Often a parent will declare the first passport stolen or lost; the new passport plus a police report of loss or theft is generally sufficient for issuance of a tourist visa. However, if the immigration authority’s records indicate the bearer’s "real" status in Egypt, issuance will halt pending the husband's permission. As with departure, extension of residency requires the father’s explicit agreement.

Issuance of Egyptian Passports

Under Egyptian Law, no child under 21 years of age can obtain an Egyptian passport without the written permission of the father. Therefore, if ordered by a foreign court, Egyptian Immigration authorities would accept a request from an Egyptian father not to issue a passport to a dual national child.

PLEASE NOTE: American citizens who travel to Egypt place themselves under the jurisdiction of Egyptian courts. If an Egyptian parent chooses to remain in Egypt or leave a child behind in Egypt, the U.S. Embassy cannot force either that parent or the Egyptian Government to return the child to the U.S. Additionally, it is not possible to extradite an Egyptian parent to the U.S. for parental child abduction. American citizens planning a trip to Egypt with dual national children should bear this in mind.

For further information on international parental child abduction, contact the Office of Children's Issues, Department of State at telephone 202-736-7000, or visit our homepage on the Internet at children's_issues.html, or send a nine-by-twelve-inch, self-addressed envelope to: Office of Children's Issues, SA-29, 2201 C Street, NW, Washington, D.C. 20520-2818.

In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Warnings that recommend U.S. citizens avoid traveling to a country. Both of these documents are available on the Internet at http://travel.state.gov or by calling the State Department’s Office of Overseas Citizen Services at (202) 647-5225.

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