Hello. I am Romanian and i am married with an Egyptian man since 2010. We got married in Romania but now we live in Egypt. We have a two year old little girl. I want to divorce and ask for the custody of my child in the Egyptian court. I am Muslim and my husband also. I have a few questions:
1. As far as i know the custody normally will be given to me. What are the chances that the judge would give the custody to him, since i am a Muslim? Can he do some trick in court to take the baby?
2. What are the costs? The judiciary tax (I've heard something about 1500 Egyptian pound, but I feel that this is too much), the lawyer...
3. If I can't afford a lawyer, can I represent myself in court in English, as I don't know Arabic that good? Also, can i file the request for divorce also in English?
4. The marriage is legally registered only in Romania. In that case, can I file the divorce here? The marriage certificate translated in Arabic is enough or do I need other papers?
5. After I get the full custody of the child can I take him to Romania without the father's consent? Can he ask the court to stop me from doing this?
Thank you. Any answer is highly appreciated.
What are the chances to get my child custody in Egypt?
Hi ioanab
I m sorry to be in this situation & if u need any legal advice any time just inbox me & u r welcome all the time ……. Ok about ur questions I can tell u that :
1- u r right that the custody normally for the mother in the Egyptian law as general rule ( for Muslims mothers ) but that rule not granted in the all cases there is some exceptions … so u had to hire a lawyer for u to follow ur case & by the way u don't need to demanding for custody from the court … u can demand it from the Egyptian' prosecutor to give u an order for custody but that need to do some legal procedures ….. but about the divorce or the right name for u can do is (Khula ) u had to go to the family court for that .
2- I cant tell u a range of the cost for the lawyer … that matter changeable form lawyer to another & depend ot the kind of the case … where … time frame … etc …. But the range that u talking about its under the normal rang with spaces … cos a case like this not finish in a day & night … its take form 1 year to 1 & half at the court .
3- sure u can represent ur self at the court but in this case the court will hire an interpreter … but all that will not help u that mush cos all papers work should doing by the Arabic … and u or interpreter don't know the legal rules for this case … there is dates for procedures … forms for that … etc …. And if u have not a legal aid for some1 may u can lose u case for something that u don't know it …. But why u don't contact with ur embassy … I think it is may can help u in ur problem .
4- beside The marriage certificate u will need some more papers to make ur case till the end but not to much paper … but of course u need to make a lot of procedures to make ur case from the beginning till the end .
5- in the all cases u cant talk ur kid out side of Egypt without ur husband permission cos in Islam & Egyptian law the father has the general guardianship in this matters .
that for ur question … sure u have another right for u & for ur kid …may I can tell u about it later …. And if u need any more help … just inbox me .
good luck
best regards
Ioana,
Mergi la ambasada si ei te vor ajuta. Daca nu ai inregistrat casatoria acolo, tot ce se poate sa trebuiasca sa divortezi in Romania.
Conform MAE: "Dupa obtinerea certificatului romanesc, casatoria trebuie transcrisa in Egipt, si pentru aceasta este necesara supralegalizarea actului la MAE Roman, Ambasada Egiptului in Romania(sectia consulara) si la MAE egiptean. Este recomandabil sa efectuati traducerea actului in cadrul Consulatului R.A.Egipt la Bucuresti, datorita unor conditii de forma pe care autoritatile egiptene le solicita adesea (stampila ambasadei sa fie pusa intr-o maniera in care sa garanteze si pentru conformitatea traducerii)."
Oricum, ei te vor ajuta cu toate informatiile de care ai nevoie, mai mult decat atat, te pot ajuta si cu un avocat sau cu sfaturi cum sa completezi documentele, ce ar trebui sa faci.
Poti incerca, macar pt un sfat din partea unei entitati autorizate.
Succes!
Alina
Hello AlinaAlina,
You are posting to the Anglophone version of the Saudi Arabia Forum, would you kindly post here in ENGLISH ONLY, out of consideration for all of our members. If you wish to post to any of our other language-specific forums, you may access them by clicking on the flag icon in the green banner at the top of the page and selecting the desired language from the drop-down menu. Note that you are required to post ONLY in the language of the specific forum you choose.
Cheers,
James
Expat-blog Experts Team
Sorry James! You are totally right.
Ioana,
Go to the embassy and they will help you. If you haven't registered marriage there, all you may have to divorce in Romania.
According to Foreign Office: "After obtaining Romanian marriage certificate, it must be transcribed in Egypt, and it is necessary to make the legalization at Egyptian Embassy in Romania. It is advisable to make the translation of the document in the Egyptian consulate in Bucharest, due to conditions that form the Egyptian authorities often require them. (embassy stamp to be placed in a manner that guarantees compliance and translation). "
However, they will help you with all the information you need more than that, they can help with a lawyer or advice on how to complete the documents that you should do.
You can try, at least for one good advice from an authorized entity.
Good luck!
Alina
Hello ioanab,
Divorces are always difficult and stressful processes, much more still when you are trying to divorce in a foreign country where you don't understand the language well, or know the applicable family law.
Compound your difficulty by the fact that you are seeking custody of a minor child and the fact that you are a foreign national and your husband is not. Look at it like this.... you're the "visiting team" playing football in his "home stadium". You'll be playing by his country's rules and not your own. The "home team" always has the advantage!!!
Regardless of what it will cost you to retain a lawyer to represent you in this matter, you must do just that. The risk of not doing so is simply too great. You risk losing the custody of your child. Isn't that worth more than any possible legal fees you may eventually have to pay???
You should check to see if there is some kind of free or inexpensive legal services available in Egypt for women. Many countries do offer this.
Regarding taking your child out of Egypt. Even if you were to obtain sole custody of your child, a custody order is NEVER final. Proposing to remove a minor child from his/her country of residence, and residence of the other parent constitutes clear grounds to reopen the issue of custody in the courts.
If you cannot obtain the consent of the child's father for such a move then he certainly may seek a change of the custody order on the grounds that such a move would deprive him of normal and frequent visitation with his child. In most cases courts will seriously consider such applications and where no mutually acceptable arrangements seem possible they will indeed give custody over to the other parent making the application, rather than to permit a move that would jeopardize access and visitation.
Your situation is far too complex and the consequences, should you go wrong, too great for you to try to handle these issues on your own without competent legal representation. They are also too urgent for you to be relying on legal advice coming from public forums such as this, which would come mostly from laypersons, with little or no real understanding of the law. You shouldn't be seeking advice here, you need to talk to an experienced and highly qualified local lawyer.
Regards,
James
Expat-blog Experts Team
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