“Obtaining Guardianship Rights for Mothers in Egypt: Eman’s Success Story and the Need for Legal Reform”

Eman tells Sky News Arabia the reasons and how she obtained guardianship over her son:

• I work as a journalist and the father of my son is Syrian. After the divorce and according to the law, his family are the guardians of my son in any procedure I need, which is what raised my anxiety.
• Important procedures require written approval from the child’s guardian, whether his father or grandfather, such as transferring the child from one school to another, putting money for him in the bank and then using it to meet the child’s needs, or performing urgent surgery for him that requires written approval, and so on.
• Many of the interests of the child are disrupted in this case, because the son is in the custody of the mother but the state is not.
• I consulted a lawyer to obtain a guardianship partnership with my son’s father, then I filed a lawsuit in this regard, but it required the consent of the father.
• I got a power of attorney from my son’s father stating that he agreed to the mother’s partnership in guardianship over the child.
• The judge requested that the father appear in person at the court, and thank God he was in Egypt at that time and expressed his approval before the court, so that I could obtain the right of guardianship equally in the end.
• Many parents do not cooperate on the issue of guardianship, which hinders important actions for the children.
• Whoever obtains custody of the child does not only feed him, but also takes care of all his affairs. Guardianship must be concomitant with custody, or at least it should be equally shared between the father and the mother.
• We need parliament to move to amend the law on guardianship, so that the lives of many mothers and children are not disrupted, especially since some mothers are subject to bargaining in this regard.
• Educating fathers and mothers is important, because some fathers view the issue of guardianship as a privilege and authority, considering its transfer to the mother as a defective issue that strips him of his powers, although the right of guardianship to the mother facilitates the lives of children, and it relieves fathers from many burdens.
• I demand that the issue of guardianship in the event of divorce be placed within the conditions of marriage contracts, provided that it be equally between the father and mother, which is more important than the financial stipulations.

Ramadan drama opens the file of the state’s right

The issue of the mother’s guardianship right was raised by the series Under Guardianship starring Mona Zaki, which was shown last Ramadan, causing a state of controversy and reactions from several quarters in Egypt:

The National Council affirmed the right of guardianship and financial guardianship for women over their children, as they are the ones entrusted with them, and they are the ones who raise, care and spend.

Representative in the Egyptian People’s Assembly, Mohamed Ismail, submitted a request to the Speaker of the House of Representatives, Counselor Dr. Hanafi Jabali, to form a survey and confrontation committee to measure the legislative impact of the guardianship law on money.

Representative Muhammad Ismail confirmed that Law No. 119 of 1952 regarding guardianship over minors’ funds stipulates that a widowed mother does not have the right to guardianship and direct disposal of the funds of her children who have not reached the age of 21, according to the law.

• From a legal point of view, financial guardianship devolves after the death of the father, accordingly, to the grandfather and then to the uncle.
• In the event that the mother desires the financial guardianship to be transferred to her, she must first submit a guardianship request to the Hasiy Council, which may be hindered by the lack of desire of the grandfather and uncle.
• The deputy confirmed the existence of legal shortcomings and a number of problems in Egyptian society, in light of the passage of nearly seventy years since the adoption of the guardianship law, calling for a review of the existing legislation.

The representative in the Egyptian Senate, Reham Afifi, called for the need to make amendments to the law on guardianship over money, given its legislative shortcomings.

Reham confirmed that many widowed mothers suffer greatly after the death of their husband in order to obtain the rights of their children, whether from the grandfather or uncle.