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.

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 to or within Egypt is not a crime in Egypt unless the child is subject to Egyptian court-ordered travel restrictions.  Additionally, parents should be aware that they must work within the Egyptian court system in order to obtain legal custody of the child in Egypt .  Once the custody order is obtained, the parent must go to the district family court for its implementation.  The president of the court has the authority to request that the police enforce the custody order and/or impose a penalty on the noncustodial parent for noncompliance with the custody order.

DUAL NATIONALITY:  Egypt recognizes the concept of dual nationality.  Under Egyptian law, children born to an Egyptian father are automatically considered citizens of Egypt .  Egyptian mothers of children born to a non-Egyptian father, however, should submit requests to the Egyptian Passports, Immigration and Nationality Authority, Egyptian Embassies or Consulates overseas, and/or the Civil Registration Office to register their children as Egyptian citizens. 

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 Shari’a 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 .

JURISDICTION AND RIGHT OF CUSTODY: 
Jurisdiction:  Egyptian Family Courts within the jurisdiction of each summary court have legal jurisdiction to hear child custody petitions.

CUSTODY:
Presumptive Custody:  Under Egyptian law, the courts generally favor 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.

Conditions for “Presumptive Custody”:  Courts in Egypt generally uphold presumptive custody for the mother if she is a “person of the book” (i.e., Muslim, Christian or Jewish) and if she is deemed to be a “fit” mother.  If the father is Muslim, the court generally requires that the mother commit herself to raise the child as a Muslim in Egypt .  If a non-Egyptian mother’s custody is upheld in court, she generally must still request the permission of the court to take the children out of Egypt .  Also, under Egyptian law, if the mother (Muslim or non-Muslim) remarries she may lose her claim to custody of her children, depending on the court’s determination based on the best interests of the child.  This law, however, does not apply to the father; he would normally retain custody rights if he remarries.

Order of Preference for Non-Parental Custody:  The mother may lose presumptive custody due to remarriage or inability to counter court findings that she is an “unfit mother.”  In such cases, 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 or great-grandmother; maternal aunt; paternal aunt; maternal niece; paternal niece.  If these relatives do not exist, the right of custody shifts to a male in the following order of priority:  maternal grandfather; maternal brother; maternal nephew; paternal brother.

RIGHT OF VISITATION:  By law, 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 generally not force the issue without a court order.  The parent will have to seek a court order to enforce visitation.

EGYPTIAN/AMERICAN MOU ON PARENTAL ACCESS:  In October 2003, the U.S. and Egypt signed a Memorandum of Understanding (MOU) that confirms both countries’ commitment to facilitating parental access to children in the other country.  Both the U.S. and Egypt agree that a left-behind parent should have meaningful access to his or her child or children.  However, the MOU recognizes that facilitating parental access may occur in tandem with efforts to return children to their custodial parents.

Currently, however, there are no international or bilateral treaties in force between Egypt and the United States dealing with international parental child abduction.  Egypt is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.  Thus, this treaty cannot be invoked if a child is taken from the U.S. to Egypt by one parent against the wishes of the other parent or in violation of a U.S. custody order.

TRAVEL:  Currently, the father’s permission is not required for children to depart Egypt unless there is a custody order that explicitly grants custody to the father.  Egyptian fathers no longer have absolute control over their children’s right to travel abroad.  They can still prevent their children from traveling, but must do so by means of a court order.

TRAVEL RESTRICTIONS (WIFE):  Due to a Supreme Court decision in March 2000, an Egyptian wife no longer requires the permission of her Egyptian husband to obtain a passport and depart the country.  In the case of a child custody dispute, however, either spouse may obtain a court order preventing the other spouse from traveling until the dispute has been resolved.

VISA STAMPS
Departure:  Immigration officials will prevent the departure of any foreign national whose passport lacks a valid entry stamp and 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 U.S. passport.  In some recent cases, pending a review of law, children of Egyptian-citizen fathers who have been in Egypt for more than six months, but less than one year, have been considered dual nationals by the Egyptian authorities and have been issued temporary residency stamps which permitted departure with a U.S. passport.  In such cases, the Immigration officials required full names, dates, and places of birth of the fathers.  Dual national children who have resided in Egypt for more than one year may be required to obtain Egyptian birth certificates in order to depart Egypt .

Visas:  Should a parent declare a child’s passport stolen or lost, the new passport plus a police report of loss or theft is generally sufficient for the re-issuance of a tourist visa.  If the Immigration Authority’s records indicate the bearer has a prolonged stay in Egypt , however, issuance of the visa may halt pending issuance of an Egyptian birth certificate.

ISSUANCE OF EGYPTIAN PASSPORTS:  Under Egyptian law, either parent may apply for an Egyptian passport for his/her child, provided there have been no court-ordered restrictions placed on the child’s departure.  In some recent cases, minors have been able to obtain Egyptian passports on their own behalf.

PLEASE NOTE:  American citizens who travel to Egypt place themselves under the jurisdiction of Egyptian law and 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.   It is not possible to extradite an Egyptian parent to the U.S. to face charges of parental child abduction.  American citizens planning a trip to Egypt with dual national children should bear this in mind.

EMBASSY CONTACT ADDRESSES:

U.S. Embassy in Cairo:        
5 Latin America Street    
Garden City
Cairo, Egypt  
 Telephone:  20-2-797-3000
Consular Section Telephone:  20-2-797-2301
Fax: 20-2-797-2472

Mailing Address:
Consular Section – Box 15
Unit 64900
APO AE 09839-4900
Web Site:  http://egypt.usembassy.gov

Embassy of the Arab                        
Republic of Egypt
3521 International Court, NW
 Washington, D.C.   20008
Telephone: (202) 895-5400
Fax: (202) 244-4319/5131
Consular Section: (202) 966-6342

For further information on international parental child abduction, contact the Office of Children’s Issues, U.S. Department of State, at telephone 1-888-407-4747 (toll free in the U.S. or 202-736-9168, or visit our homepage on the Internet at http://travel.state.gov/family/abduction/abduction 580.html, or send a nine-by-twelve-inch, self-addressed (stamped?) envelope to:  Office of Children’s Issues, U.S. Department of State, 2201 C Street, NW, SA-29, 4th Floor, Washington, D.C.  20520-2818.

In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as the location of the U.S. Embassy, medical information, safety and security information, and information on crime.  When the safety/security situation in a country is sufficiently serious, the State Department issues a Travel Warning that recommends U.S. citizens avoid traveling to that country.  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) 736-4995 or 1-888-407-4747 (toll free in the U.S. ).