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Originally posted by boncuk73:
It's a standard marriage contract given in the courts. For Egyptian marrying foreigners.

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Originally posted by cairoexpat:
Do you have a passport for your daughter, if so get on a plain and leave the country as soon as possible? Tell your loving Egyptian husband you’re going shopping. If you need help email at cairoexpats@hotmail.com

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She needs a court order proving she can take the child out of the country. This requirement goes for both father and mother.

It used to be that only mother's needed a court order and the wife actually needed a husband's permission to leave the country now they changed it.

Fair and equitable, but not easy for either parent.

And yes, she may have custody according to Canadian courts, but she needs to have the permission from the courts to leave the country with her child in addition to have custody.

Believe me I know. I have a FIL who has gone to family courts to make sure that whenever I want to bring my child back to the USA I can with little problems. I think my FIL plans to have my husband's parental rights voided and have himself put in as a Wali "Parental advocate" in order to make it easier for me.

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Originally posted by boncuk73:
Im a Canadian married to an Egyptian now for two years living in Egypt we have a 6 month old baby girl and we are fighting alot. In last I received notice from him that he wants to divorce me and take my daughter from me leave me with 1000 US and send me a ticket back to my home. I need good advice plz I want to know what my right are for my share of money and my rights as a mother ... My daughter is canadian as well by birth because of me. What steps do I need to take?
any help will be appreciated so much
thanks

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I am very much surprised that somebody in egypt is unaware of their legal rights.

But if you truly are not -- and this REALLY IS a legitimate poste -- then you should consult an egyptian attorney who is well versed in egyptian law.

You are entitled to your daughter's custody under egyptian law until she is of certain age.

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Originally posted by akshar:
If you are travelling on a Canadian passport you do not need a court order. My daughter travels on a UK passport and no one has ever questioned her leaving the country even though she carries an Arabic first and surname. Never been asked anything, not even nationality of the father.

But please go to the embassy and get advice do not rely on this forum.

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YOur daughter is not your husband's child. A husband can easily 'blacklist' his child's name simply meaning he can alert the egyptian authorities that he has explicitly NOT given his permission for the child to travel outside of Egypt.

It does not matter if the child has another passport. If the child has egyptian citizenship, the father has the right (until a certain age) to grant/not grant that child permission to travel outside of the country.

It does not matter if the child has another passport. If the child has egyptian citizenship, the father has the right (until a certain age) to grant/not grant that child permission to travel outside of the country.

Your husband simply does not have the legal authority over your child. And, as long as your tourist visa in your non-egyptian passport (which you used to enter egypt with) is kept up to date, he also has no legal right over your travel whereabouts in/out of egypt.

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Originally posted by boncuk73:
In response to your comments ExptinCAI why would I be fully versed in Egyptian law I am not egyptian and had no reason to be this involved in a legal situation. That comment is kind of pointless I think Im here sincerely asking for help and you are saying that this is a bogus post. Thank you very much.. And you post is also very contradictory...
YOur daughter is not your husband's child. A husband can easily 'blacklist' his child's name simply meaning he can alert the egyptian authorities that he has explicitly NOT given his permission for the child to travel outside of Egypt.

It does not matter if the child has another passport. If the child has egyptian citizenship, the father has the right (until a certain age) to grant/not grant that child permission to travel outside of the country.

Your husband simply does not have the legal authority over your child. And, as long as your tourist visa in your non-egyptian passport (which you used to enter egypt with) is kept up to date, he also has no legal right over your travel whereabouts in/out of egypt.

First you say my husband doesnt have the legal authority over our child then you say he can stop her from leaving the country so which one is it? And what exactly do you mean my daughter is NOT my husbands child?
Instead of making someone feel bad in a situation some kind words would be great. Or some useful information without putting me down for not knowing details about egyptian family law.

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Boncuk,

Expat is referring to Akshar's child, not yours. Just wanted to make that clear so you don't face further confusion.

You said you are talking to the embassy now? Great! I *think* but certainly don't know for sure, but I think in the event of a divorce in Egypt, you have custody over the child until the child is a certain age, like 11 or something -- then the father gets custody. Please don't rely on my words here because I am not sure...but it's important you know there are weird divorce/custody issues in Egypt that Canadians or Americans aren't familiar with. They might work to your advantage as the mother.

As for your home situation, how volatile is it? Do you think your husband would take your child while you are not at home, or is your child always with you? Is it serious enough that you should go live somewhere else? What does the embassy say?

I wish you the best. Please also try to stay calm at home so that your husband doesn't think you're ready to leave or anything.

I'm so sorry all this is happening. I wish there were a way your child could have both parents while growing up. Stay strong.

Susan

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Originally posted by boncuk73:
In response to your comments ExptinCAI why would I be fully versed in Egyptian law I am not egyptian and had no reason to be this involved in a legal situation. That comment is kind of pointless I think Im here sincerely asking for help and you are saying that this is a bogus post. Thank you very much.. And you post is also very contradictory...
YOur daughter is not your husband's child. A husband can easily 'blacklist' his child's name simply meaning he can alert the egyptian authorities that he has explicitly NOT given his permission for the child to travel outside of Egypt.

It does not matter if the child has another passport. If the child has egyptian citizenship, the father has the right (until a certain age) to grant/not grant that child permission to travel outside of the country.

Your husband simply does not have the legal authority over your child. And, as long as your tourist visa in your non-egyptian passport (which you used to enter egypt with) is kept up to date, he also has no legal right over your travel whereabouts in/out of egypt.

First you say my husband doesnt have the legal authority over our child then you say he can stop her from leaving the country so which one is it? And what exactly do you mean my daughter is NOT my husbands child?
Instead of making someone feel bad in a situation some kind words would be great. Or some useful information without putting me down for not knowing details about egyptian family law.

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Well I simply can't believe that you got married in egypt, live there, and didn't ever think to research such an important thing - even if you were 100% when you got married that you'd never divorce. and i'm sorry but i cannot offer you soothing there-theres because i'm astounded as to why you would ever chose to be this irresponsible about learning your rights in a country you chose to settle down in. i mean, i am not married to an egyptian and yet know this stuff because i took the time to learn all about it should i ever decide to marry an egyptian and raise children together. it wasn't all that difficult either and the majority of it is available on the internet.

i guess i'm quite in a shock that you are so unaware of the rights you have and don't have as a mother and a wife and couldn't quite believe this was for real.

i also i thought it may be bogus post because it is the mirror of the other situation (canadian woman married to egyptian in canada) and we don't often get a lot of kidnap children questions on this forum, especially in this more obscure section of the forum -- then oddly enough 2 at once.

i believe i already gave you as much advice as i can without being an authority on this subject and where not sure, i prefer to remain silent than writing something that may not be true.

I'll try to clarify however, because i'm sure you're in a scary situation. i suggest you talk as much with your friends and family as you can so that you can remain calm and cool-headed.

the child will be in your custody until a certain age, then she is placed in the father's custody. she can live with you in egypt but he still can prevent her from traveling outside the country.

however, he can also go to court and seek custody over your daughter with no visitation rights to over-rule this 'default. especially if he can prove you're trying to take the daughter to another country ie kidnap her. (and if he doesn't give his permission or rather specifically says he has NOT given his permission, then you would be kidnapping your daughter.)

usually, if he is muslim and you are not or are converted, the simplest thing is to say that you wouldn't raise the girl in a proper muslim way and the girl would be better off living with her father -- or even her grandparents.

and take care as the grandparents also retain that right -- it's very very rare, but i recall reading something about the husban dying, the wife wanting to return to her home country, and the grandparents suing for custody of the grandchild based on raising her within her religion, etc.

as for the rest, you will note that i was quoting ashgar's post. she is a UK citizen with a daughter who is married in Egypt. However her marriage is recognized only within egypt and her child is from a previoius marriage. That's what I meant by her husband not having any legal right to say whether or not her child can travel -- it's not his child.

i would prefer not to give you advice, but i will tell you simply that if courts get involved, chances are the results will not be in your favor. even if they are, your husband will put you through hell because you dragged this to the courts (and out into the public). it would be best if you could work this out between the two of you.

quote:

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Originally posted by boncuk73:
Im a Canadian married to an Egyptian now for two years living in Egypt we have a 6 month old baby girl and we are fighting alot. In last I received notice from him that he wants to divorce me and take my daughter from me leave me with 1000 US and send me a ticket back to my home. I need good advice plz I want to know what my right are for my share of money and my rights as a mother ... My daughter is canadian as well by birth because of me. What steps do I need to take?
any help will be appreciated so much
thanks

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Her husband physically abuses her, forced her into an abortion etc. and she not only calls him a good man but in her shiny pretty word sees no red flags about moving to Egypt with him.

Tamy, email the US Embassy in Cairo the same story you posted here and ask them in what way they will help you if you find yourself beaten up and wanting to flee egypt with your daughter, at the little entrance of their Cairo compound.

This isn't a movie. An embassy isn't going to usher you into their safety, buy you a plane ticket and send you back home. They will tell you to go call the Egyptian police on your husband to report a case of domestic violence, and they can (grudgingly) help you with your travel arrangement - but not get your daughter illegally out of the country.\

You may think of Egypt as backwards but it has a few point of international entries and their customs system is efficient. If your husbands notify the authorities that you may be kidnapping your daughters, YOUR passport numbers/names AND your daughters' info will be red-flagged.

You won't get beoyond the airport check-in hall.

As a divorced mother you can apply for custody: the custody would end at 10 years for boys and 12 years for girls. After that the girl will be placed in the father's custody. Chances are that the court will specify that as the custodian you need to reside & live in Egypt. In some cases the judge may extend custody to 15 years for boys or until marriage for girls if in the interest of the child.

If you want to leave the country with your child your husband will need to grant permission. If you attempt to flee the country without his permission (defined as kidnapping) he can apply for custody & you'll have no visitation rights whatsoever.
I strongly advise against fleeing the country, you won't get very far & it will weaken your legal defense. There isn't much that your Embassy can do for you apart from providing basic information. Don't be fooled into thinking that they will help you escape the country, they won't do anything illegal nor will they sponsor your flight tickets.

My only advice is to go down the legal path (which will require tremendous patience & money) or better still, work out your differences with your husband & aim for a reconciliation.

Best of luck to you.

Ann

I feel with you as I am at a further stage simular to your situation, as they mention here before try to get out as soon as possible. I have been going through the Egyptian courts for 4 years now for custody of my 2 daughters who were abducted by their father. The father doesn't even live in Egypt and dumped them with his parents.

Believe me the embassy can do very little for you, they can help with documents etc but that will be all. I am hoping to get a verdict the end of this month, and as mentioned here face the news that the court will specify that as the custodian I will need to reside & live in Egypt and the girls will not be able to leave the country without his permission.

I hope sincerely you can resolve this before its to late, please know you are not alone.

Secondly, you don't want to jeopardize the relationship your daughter has with her father. You say you are fighting, but not that he is a bad father to her. Obviously both of you saw something in each other that made you move to Egypt with him and start a family so don’t' make any haste decisions to spite one another. No one said you have to decide today to stay in the marriage or leave.

Third, in Egypt, your husband will be granted custody of your daughter as your child was born there and you are not a citizen of Egypt. As well, your husband is right, divorce is simple and can be done verbally and then the paper work is just a formality for court reasons. What you need to do is take a trip back to Canada on your own or with your baby while being on good terms with your husband and his family, and apply for a birth certificate and then a passport via expedited service. Your husband will not have any rights over your daughter while your daughter is in Canada as you have no rights over your daughter while you are in Egypt. It works both ways.

I recommend making peace with your husband right now and carefully plan out your future. Be patient with him and respect him until he trusts you again so that you have a little more control over your life and your future. You need to be smart about this and think carefully. Who knows, you may start getting along again. Every marriage has its problems. Just make sure your daughter is not stuck in a sticky custody battle just because you and your husband keep fighting.

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Originally posted by ExptinCAI:
Best of luck to you, B! (and I'm really glad that you're muslim by birth so he can't play that card in reversing custody, should the worst come.) Crossing my fingers for you!

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THAT IS EXACTLY WHAT I LIKE ABOUT YOU: KNOWLEDGE !!!!!!!