Egypt - Apply for Child Custody

Advertisement

Procedure

Apply In Person

1. To Apply for Child Custody, the applicant has to approach the Ministry of Justice link
2. It is advisable to consult with an experienced family lawyer in Egypt who is familiar with child custody laws and the specific legal procedures in the country.
3. To initiate the child custody process, the applicant or his/her lawyer will need to file a petition with the family court in the jurisdiction where the child resides.
4. An application form will be provided to the applicant by the concerned officer.
5. The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
6. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
7. The applicant has to attach photocopies of the required documents along with the application form while submitting it.
8. Submit all the documents with the completed form to the concerned officer.
9. The applicant has to pay the prescribed fee as requested by the authority.
10. After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
11. In some cases, the family court may require both parents to attend mediation sessions to try to reach an amicable agreement on child custody and visitation.
12. If an agreement is not reached through mediation, the court will hold hearings to evaluate the best interests of the child and determine the custodial arrangement.
13. Egyptian courts prioritize the best interests of the child when making custody decisions. Factors such as the child's age, health, emotional and psychological well-being, living conditions, and each parent's ability to care for the child are considered.
14. After considering all relevant information and evidence, the court will issue a custody order, determining which parent will have legal and physical custody of the child. The court may also grant visitation rights to the non-custodial parent.
15. Both parents must comply with the custody order issued by the court. Failure to adhere to the court's decision may result in legal consequences.
16. This entire process can be completed within 1 – 2 months or as per the timeline advised by the respective department authority.

Advertisement

Required Documents

• Application form
• Petition for Child Custody
• Proof of identity
• Address proof
• Proof of Parentage
• Marriage certificate
• Evidence of Relationship with the Child
• Financial Capability
• Living Arrangements
• Character reference
• Medical and Educational Records
• Police clearance certificate
• Any other documents (if required)

Office Locations & Contacts

Ministry Of Justice
Address: Ministry of Justice Building, Lazoghli Square, Abdeen, Cairo Governorate 4280004, Egypt
Phone: +20 2 27922263
Contact link
Location link

Eligibility

Under Egyptian law, the mother is generally considered to be the appropriate custodian of children up to the age of 15. However, there are a number of factors that the court will consider when determining who is the most suitable custodian, including the following:

• The age and gender of the child.
• The financial resources and ability of each parent to provide for the child.
• The emotional and psychological well-being of the child.
• The relationship between the child and each parent.
• The conduct of each parent, including any history of abuse or neglect.

Fees

• The applicant has to pay the prescribed fee as requested by the authority.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• This entire process can be completed within 1 – 2 months or as per the timeline advised by the respective department authority.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

Required Information

• Name
• Nationality
• Gender/age
• Residential Address
• City
• ZIP code
• Mobile No
• Email Address
• Fax
• Postal address
• Declaration
• Date
• Signature

Need for the Document

• Child custody in Egypt refers to the legal and physical care and responsibility for a child, primarily after the dissolution of a marriage or the separation of parents.
• It involves determining where the child will live and who will make decisions regarding the child's upbringing, education, and welfare. Child custody matters in Egypt are primarily governed by Islamic law (Sharia) for Muslims and civil law for non-Muslims.

Information which might help

• In Egypt, child custody decisions are made based on the principle of "the best interests of the child." The court considers various factors, including the child's age, health, emotional and psychological well-being, living conditions, and each parent's ability to care for the child.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

Child custody cases in Egypt can be complex and may vary depending on factors such as the child's religion, the parents' religion, and the specific circumstances of the case. There are different types of child custody arrangements in Egypt:

• Custody to the mother (Hizanah): Under Islamic law, young children (usually up to the age of seven for boys and nine for girls) are typically placed in the custody of the mother.
• Custody to the Father (Wilayah): After the age of seven (for boys) or nine (for girls), custody may be transferred to the father under Islamic law.
• Joint Custody: In some cases, the court may grant joint custody, where both parents share the rights and responsibilities for the child's upbringing and decision-making.
• Guardianship: In certain situations, when neither parent is deemed suitable or able to care for the child, a guardian may be appointed to take responsibility for the child's well-being.