Strategic Review of the Egyptian Goodwill Committee

7. Removing systemic barriers and considering prevention mechanisms

Abstract

This chapter recommends the review of systemic barriers preventing access to Goodwill Committee services, and the consideration of prevention strategies to deter abduction and ensure the safety of children. The prevention strategies proposed include the development of innovative registration systems, and fostering a better understanding of legal frameworks and cultural norms.

7.1. Systemic barriers

In the course of evaluating the Committee's functions, it is necessary to also consider systemic barriers which may prevent access to Committee services. During consultation, the usage of child travel bans was highlighted as potentially deterring access to the Committee.

7.1.1. Child travel bans

During consultation, stakeholders expressed concern that the invitation sent by the Ministry of Interior (MoI) to the abducting parent to attend Committee sessions may be misconstrued as advance notice of future judicial proceedings. Stakeholders considered that receipt of a MoI notice may incentivise some abducting parents to (potentially fraudulently) obtain a child travel ban, obstructing efforts to return the child, even in situations where the foreign parent has formal custody orders (granted in a different jurisdiction).

The usage of travel bans in this context may be indicative of a loophole in the current legal framework that, while designed to protect children, has unintentionally become a tool for abduction. To address this, during consultation it was proposed that child travel ban applications involving a foreign parent could be referred by the courts to the Committee before a decision is made. The Committee could then generate a report to inform the court whether Committee services have been engaged and provide an opinion on the appropriateness of the travel ban.

While all decisions regarding the issuance of the child travel ban would remain with the courts, involvement of the Committee in this context may help to provide another level of oversight, ensuring that laws intended to safeguard children do not become mechanisms that enable abduction and deter the amicable resolution of cases.

The Goodwill Committee also confirmed, during consultation, the importance of developing new practices that enhance international and institutional co-ordination, between countiries signatories and non signatories of the Hague convention, to deter cases from occurring and enable easier identification and case management.

7.2. Prevention mechanisms

The OECD's Child-Friendly and People-Centred Justice frameworks emphasise prevention as essential for safeguarding children and facilitating timely access to justice. By integrating proactive prevention strategies, justice systems may enhance their accessibility and responsiveness, thereby fostering a protective environment that upholds rights and builds trust (OECD, 2023[1]; OECD, 2021[2]).

In the context of child abduction entry registration systems and awareness-raising services may be of particular benefit to ensure children are protected at the earliest opportunity. The breadth of prevention options that Egypt may like to consider are outlined below.

7.2.1. Passport alerts and entry registration

Passport alert systems and entry registration represent the strongest form of preventing child abduction due to their legally binding, enforceable and co-ordinated nature. Passport flagging involves placing alerts on a child’s passport based on a judicial order, which are recognised and acted upon by border control agencies and law enforcement authorities. This system ensures that any attempt to travel with a flagged passport triggers immediate intervention by border officials.

Entry registration systems complement passport flagging by maintaining real-time records of entries and exits at border points, enabling swift action if required.

Box 7.1 below outlines passport alert practices and International Criminal Police Organisation (INTERPOL) notices.

Box 7.1. Passport alert systems – INTERPOL notices

Australian Family Law Watchlist

In Australia, the Family Law Watchlist is used to prevent children from being taken abroad without mutual parent authorisation. This system enables parents who suspect their child might be at risk of abduction to request an alert be placed on the child’s passport through a Family Court order.

Once approved, orders are relayed to the Australian Federal Police (AFP) for integration into border control systems, effectively preventing the child's departure by air or sea without mutual parental consent and prior notification to the AFP.

Canadian Passport Program System Lookout List

In Canada, if there are concerns that a parent may be planning to abduct a child from Canada and the child is under the age of 16, it is possible to ask the Canadian Passport Program to include the child’s name in the Passport Program System Lookout List.

The Canadian alert enables Passport Program staff to conduct additional checks when processing child passport applications – ensuring the passport application is legally compliant (and has not been fraudulently submitted without the consent of both parents).

INTERPOL's Yellow Notice System

INTERPOL administer Yellow Notices as an international alert mechanism for missing people – typically cases of parental or criminal abductions, or unexplained disappearances. Yellow Notices are issued by a country's National Central Bureau and circulated by INTERPOL’s General Secretariat across INTERPOL member countries. Egypt has been a member of INTERPOL since 1923.

When police identify a person subject to an INTERPOL Yellow Notice, they verify the individual's identity against the information provided in the notice. Following verification, they notify their National Central Bureau, the designated INTERPOL contact point in their country. The bureau co-ordinates with INTERPOL to confirm details and advise on necessary actions, which may include protective measures or arrangements for the person’s care.

Source: (Australian Federal Police, n.d.[3]; Government of Canada, 2023[4]; INTERPOL, 2024[5])

The above passport alert mechanisms are designed to restrict travel by preventing a child's departure or exit from their country of habitual residence. During consultation, stakeholders identified that, in Egypt, the most common child abduction cases involve the entry of the child into the country (rather than the exit). To appropriately respond to the Egyptian context, there is a need for considering new, innovative prevention measures. A possible measure for consideration may include amendments on Egypt's entry cards (completed at ports of arrival) to require registration for sole parents entering Egypt with their bi/multinational children. Under this proposal, sole parents would be required to provide additional details on arrival, including the address of where their children will be located, and a commitment to notify the authorities of any changes in the address, e.g. to the Ministry of Interior or the Ministry of Foreign Affairs (both members of the Committee). To further strengthen the proposed registration system (and recognise that parents abducting children may provide fraudulent details) additional elements could be considered for inclusion under this system, such as:

• Including the maximum penalties for provision of fraudulent information on the registration card (as a deterrent mechanism).

• requiring that a parent who enters Egypt alone with children, must depart with their children. This would prohibit children being left in Egypt with extended family or friends while their parent travels abroad. It is noted that this proposal would require further consultation and the development of accompanying exceptions (i.e. situations where there is express consent from both parents).

This preventative measure intends to facilitate the tracking of the child's location within Egypt, not to impede the travel rights of a parent with their children. The intention is to ensure that, should abduction proceedings be initiated, the relevant authorities have immediate access to the child's location.

7.2.2. Carrying consent to travel, custody confirmation

While not mandatory, carrying confirmation of custody arrangements or a consent to travel is a recommended practice. Across most OECD Members, child passports are only issued with the consent of both parents. However, custodial issues can arise post-passport issuance, making it important for parents traveling alone to have proper documentation to verify their right to travel. While carrying consent letters or custody orders is a recommended practice to streamline, there are limitations in relying on these documents to prevent child abduction. The limitations of carrying custody orders or consent letters include:

• A lack of verification: custody documents and consent letters can be easily forged or obtained under duress, and there is no standardised process for verifying the authenticity of these documents across different countries and airlines.

• Their non-binding nature: unlike judicial orders, consent letters are not legally binding. While they indicate parental permission, they do not carry the same legal weight or enforceability.

• No real-time accuracy: physical documents (consent letters and custody agreements) can quickly become obsolete. Airlines and border authorities do not have the ability to verify and confirm real-time validity.

Passport flagging (outlined above), underpinned by judicial orders and supported by law enforcement with access to real-time data, is considered to be more effective than carrying consent-to-travel documents. OECD Member country practices with respect to the provision of consent or custody documentation are outlined in Box 7.2 below.

Box 7.2. Consent-to-travel requirements across OECD Members

European Union

Under EU Regulation (EU) 2016/399 (Schengen Borders Code), border checks on minors are required in accordance with Annex VII: Special rules for certain categories of persons. Article 6 of Annex VII requires border guards to pay particular attention to minors, whether accompanied or unaccompanied. In the case of accompanied minors, the border guard shall check that the persons accompanying the minors have parental care over them, especially where minors are accompanied by only one adult and there are serious grounds for suspecting that they may have been unlawfully removed from the custody of the person(s) legally exercising parental care over them.

The Netherlands

The Government of the Netherlands provides a template document entitled “Consent letter for minors travelling outside the Netherlands”. The form is used both for individuals travelling with children with whom they do not have parental authority, and to prove to border control that permission to travel has been provided by the child’s non-accompanying parent.

Germany

The German Government advises in the case of minors travelling alone or with only one parent that the non-accompanying parent issues a power of attorney, including contact details. This enables border control to confirm authority and contact the non-accompanying parent if there are any doubts over the situation.

Canada

A consent letter is recommended for cross-border travel if the child is traveling with only one parent. This letter should be signed by the non-accompanying parent, and it is advisable to have it witnessed by a notary public. The letter should include details about the child's travel plans and contact information for both parents. In cases where one parent is deceased, a copy of the death certificate should be carried.

United Kingdom

The United Kingdom advises parents traveling alone with their children to carry a letter of consent from the non-accompanying parent or legal guardian. The letter should detail the consent for travel and include contact information. In addition, parents are advised to carry a copy of any court orders pertaining to custody arrangements.

Source: (Government of the Netherlands, 2024[6]; BUNDE DE, 2024[7]; Government of Canada, 2024[8]; Government of UK, 2024[9])

7.2.3. Pre-marriage and birth registration counselling

During consultation, a third preventive measure discussed was the development of counselling services to mixed nationality couples at two stages of life:

Pre-marriage

Pre-marriage counselling could be established by the Office of Foreign Marriages in the Ministry of Justice (MoJ), with the co-operation of Dar El Eftaa to impart a comprehensive understanding of Egyptian cultural norms, child custody legislation, and the Egyptian framework for managing international parental child abduction prior to marriage. The goal of counselling would be to heighten awareness and ensure that potential risks are fully recognised and understood before marriage. Additionally, all conditions agreed upon between the parties, including those related to child custody and their habitual residence, may be recorded in the marriage contract for foreigners.

Birth registration

A secondary level of counselling for mixed-nationality parents could be provided at the time they register the birth or adoption of a child. This service would extend the educational outreach to those who may not have benefitted from pre-marital counselling, particularly unmarried couples. As with the pre-marital sessions, this post-birth counselling would cover critical topics such as Egyptian cultural norms, child custody legislation and the Egyptian framework for international parental child abduction.

1.  This dual approach ensures that all parents, regardless of marital status, have access to vital information and support services that can help them navigate the complexities of raising children in mixed-nationality households. This structured support system is envisioned to build a more informed parent base, reducing the likelihood of legal disputes and abduction cases, and fostering a safer environment for children in mixed-nationality families.

By leveraging the collective wisdom and resources available within and beyond its borders, Egypt can strengthen its governance framework for international parental child abduction cases, by enhancing children's rights, strengthening access to justice and ensuring compassionate support for impacted families.

7.3. Key recommendations

• Assess the feasibility (and compatibility with the current legislative environment) of a registration system for sole parents entering Egyptian territory with their children. Under this proposal, sole parents with their children would be required to register upon arrival in Egypt, provide contact details, and commit to notifying the Ministry of Interior (MoI) of any change in address.

• Review the viability of requiring child travel ban applications involving a foreign parent to be referred from the courts to the Committee so that reports on appropriateness may be prepared and submitted to the court for consideration.

• Consider the development of awareness counselling for couples of mixed nationalities before marriage and after birth registration to ensure an understanding of custodial rights and the Egyptian framework for international parental child abduction.

References

[3] Australian Federal Police (n.d.), Family Law Watchlist, http://www.afp.gov.au/our-services/national-policing-services/family-law-watchlist#25 (accessed on 21 February 2024).

[7] BUNDE DE (2024), Travel documents, https://verwaltung.bund.de/leistungsverzeichnis/EN/rechte-und-pflichten/102711702.

[8] Government of Canada (2024), Consent letter for children traveling outside Canada, https://travel.gc.ca/travelling/children/consent-letter (accessed on 27 May 2024).

[4] Government of Canada (2023), International Child Abductions, https://travel.gc.ca/travelling/publications/international-child-abductions.

[6] Government of the Netherlands (2024), Consent letter for minors travelling outside the Netherlands, https://www.government.nl/documents/forms/2016/06/17/consent-letter-for-minors-travelling-abroad.

[9] Government of UK (2024), Get permission to take a child abroad, http://www.gov.uk/permission-take-child-abroad (accessed on 27 May 2024).

[5] INTERPOL (2024), Yellow Notices, https://www.interpol.int/en/Who-we-are/Member-countries/Africa/EGYPT.

[1] OECD (2023), “OECD Child-Friendly Justice Framework: Building a people-centred justice system”, OECD Public Governance Policy Papers, No. 41, OECD Publishing, Paris, https://doi.org/10.1787/6a60970e-en.

[2] OECD (2021), OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, https://doi.org/10.1787/cdc3bde7-en.