Bouchra Marbouhi had feared that her estranged spouse might take their five-year-old daughter out of the country, a concern that materialized despite a court order she obtained from the Newfoundland and Labrador Supreme Court’s family division back in May. The court order prohibited either parent from removing the kindergartener from the St. John’s metro area, but Ahmed ElGammal, 36, managed to leave Canada with their child, eluding the legal restriction.
Olivia Lynch, the executive director of Violence Prevention Avalon East assisting Marbouhi, expressed concern over the departure process, questioning whether a notarized letter or a forged one had been presented to border security and emphasizing the lack of checks for court orders against ElGammal. While there is no legal mandate for children to carry a consent letter from both parents when traveling internationally, the Canadian government recommends having one, ideally notarized, to avoid potential entry or exit issues.
Canada Border Services Agency clarified that there is no systematic requirement to check departing passengers for court orders and relies on enforcement flags to alert officers to individuals of interest. Although an Amber Alert could have been triggered for a child abduction, this specific case did not meet the criteria. Lynch highlighted the enforcement challenges faced by parents relying on court orders for protection.
Andy Hayher, a lawyer specializing in international child abduction cases, suggested that border authorities should be more vigilant when a parent travels alone with a child, potentially requesting court orders or travel authorizations. He noted the prevalence of such cases falling under the Hague Convention, an international treaty guiding the return of wrongfully taken children between countries, though Egypt, where ElGammal took the child, is not a Hague country.
Marbouhi’s daughter has been missing for over five weeks, prompting efforts to secure her return, including lobbying for an Egyptian visa and Canadian temporary resident permit. Lynch and others are advocating on Marbouhi’s behalf, aiming to alleviate her legal status concerns amid the pursuit to reunite with her daughter. While Marbouhi’s MP, Tom Osborne, is involved in seeking intervention, details are limited due to the ongoing investigation.
Notably, the Royal Newfoundland Constabulary has sought a red notice via Interpol for ElGammal, charged with parental abduction against a court order, to aid in locating and potentially arresting him. This notice is distinct from an international arrest warrant, leaving the decision to arrest the subject to the member country.