Bouchra Marbouhi had fears that her ex-husband might take their five-year-old daughter out of the country, a concern that turned into reality. Despite obtaining a court order in May from the Newfoundland and Labrador Supreme Court’s family division prohibiting the removal of their child from the St. John’s metro area, Ahmed ElGammal, 36, managed to leave Canada with the young girl.
Marbouhi expressed disappointment over the court order’s failure to prevent the abduction, leading to uncertainties regarding ElGammal’s departure from the province. Olivia Lynch, the executive director of Violence Prevention Avalon East, assisting Marbouhi, highlighted the lack of border security checks for court orders against ElGammal and the absence of a notarized letter verification.
While children are not mandated to carry parental consent letters for international travel, the Canadian government advises solo-traveling parents to possess such letters to avoid entry and exit delays. Canada Border Services Agency clarified that outbound travellers are not routinely screened for court orders, relying on enforcement flags to identify persons of interest.
The case did not meet the criteria for an Amber Alert, as stated by the Royal Newfoundland Constabulary. Lynch raised concerns about the enforceability of court orders, emphasizing the potential risks faced by affected parents.
Andy Hayher, a lawyer specializing in international child abduction cases, suggested increased vigilance at borders for parents traveling alone with children. He noted the prevalence of such cases falling under the Hague Convention, an international treaty governing cross-border child abductions.
Egypt, where ElGammal and the daughter are believed to be, is not a Hague country, complicating the legal process for the child’s return. Lynch and others are advocating for Marbouhi’s visa and temporary resident permit, given her circumstances of family violence.
Marbouhi’s residency application, under judicial review, adds to her distress as efforts continue to secure her daughter’s safe return. The involvement of local authorities and Interpol through a red notice for ElGammal’s arrest underscores the seriousness of the parental abduction case.