Child custody in Egypt when you divorce an Egyptian

Who gets custody, and until what age

Under Law 4/2005, a woman’s custody ends when the child turns 15, for boys and girls alike.

At 15 the judge lets the child choose. A child who chooses to stay with the mother can stay until adulthood, or a girl until she marries.

If the mother cannot have custody, it passes down a fixed order.

• The mother
• The maternal grandmother
• The paternal grandmother
• Then the child’s sisters and aunts
• Men come after the women, starting with the father

If the mother remarries

If the mother marries a man not related to the child, custody passes to the next in line, usually her own mother. It can return to her later.

If you plan to remarry, talk to us first about what it means for your children.

The father as guardian: passports, residency, religion and nationality

• Custody is daily care. Guardianship (wilaya) stays with the father, and in practice his approval is needed for the child’s Egyptian passport or residency.
• If the father is Muslim, the children are treated as Muslim. A Christian or Jewish mother can still keep custody.
• A child of an Egyptian father is Egyptian. Since Law 154/2004, so is a child of an Egyptian mother.
• Egypt treats a dual national child as Egyptian, whatever other passport the child holds.

Visitation: what the parent without custody gets

• Both parents, and the grandparents, have a right to see the child (Law 25/1929, Article 20).
• At least 3 hours a week, between 9am and 7pm (Ministry of Justice decree 1087/2000).
• In a public place such as a club, a youth centre or a public garden.
• If the custodian refuses without an excuse, the judge first warns them. If it continues, custody can be moved temporarily.
• There is no hosting (istidafa) under the law in force: no overnight stays, only set hours in set places.

Travelling with your child and travel bans

Either parent can ask for a ban on the child leaving Egypt. The case goes to the urgent-matters judge of the Family Court, against the Interior Minister and the Passports Authority.

The father, as guardian, may keep the child’s passport. Whether a mother needs his written consent to travel with the child is disputed among lawyers and officials.

Do not rely on either view. Plan any trip abroad, and any move home, with a lawyer before you book. Moving the child can also reopen the custody question.

International cases: Hague, the US agreement and foreign orders

• Egypt is not party to the 1980 Hague Convention on child abduction, so its return procedure does not apply.
• Taking a child is not a crime in Egypt unless it breaks an Egyptian court order.
• The US and Egypt signed a memorandum on access in October 2003. Parents can use voluntary mediation through Egypt’s Good Intentions subcommittee (GISC).
• A foreign custody order is enforced in Egypt only if it does not conflict with Egyptian law.
• Custody cases in Egypt take roughly 1 to 18 months, according to the UK Foreign Office.

What the draft law would change (not in force)

The Cabinet approved a 355-article draft family law on 29 April 2026. Parliament has not passed it, so the rules above still apply. Reported proposals include:

• The father would move to second place in the custody order, right after the mother.
• A remarried mother: reports differ. One says she would lose custody when the child turns 7. Another says remarriage would not end custody under 7. A third says judges would decide.
• Hosting: reports differ. One mentions 2 nights a month plus holidays. Another mentions 2 to 4 overnight stays a month, up to 30 days a year, from age 5.

Questions couples ask