Legal Question in Family Law in Australia

Re: subject

I refer to your recent enquiry. I am unable to advise about matrimonial law in Egypt. My limited understanding of Middle Eastern countries is that there is little by the way of formal law pertaining to marriage breakdown and divorce. My understanding of most Middle Eastern countries is that the husbands can obtain divorces readily and the children remain with the husband upon separation and the wife has little or no rights in relation to retention of the children.

Obviously, you may need to seek some more specific advice, but it may be difficult obtaining that advice from any lawyers in Egypt.

I am able to advise you however that Egypt is not a signatory to the Hague Convention on international abduction of children. This means effectively that if your friend was able to leave the husband in Egypt and bring the children back to Australia, then proceedings could not be instituted under the Hague Convention to force the immediate return of the children to Egypt.

As your friend is an Australian Citizen, she would be able to then institute proceedings here in Australia for custody (or what is known as residency) of the children here. Obviously, depending upon the exact state of the law in Egypt and the extent of the children's relationship with people in Egypt and other jurisdictional issues, there may be some prospect that Australia (whilst having jurisdiction) may decline to hear the matter, but my preliminary view would be that they would hear the matter and Australia would retain jurisdiction.

To gain more specific advice about the law in Egypt, your friend may need to contact the Australian Consulate in Egypt and seek some specific advice.