Protecting the Child’s Right to Stable Care in Accordance with the Law
Custody is fundamentally a child’s right, rather than a right of the disputing parties. Under Egyptian law, the core principle of custody is to uphold the best interests of the child by ensuring that they grow up in a safe and stable environment that meets their psychological, social, and health needs, and provides sufficient emotional closeness and care.
At Al Wasl Law Firm, we handle custody cases as highly sensitive legal matters that require precision and calm deliberation. Our approach is based on analytical reasoning that carefully balances Islamic and statutory legal frameworks with the tangible facts of each case.
Custody in Egyptian Law
Custody refers to the care, upbringing, and day-to-day supervision of the child during their early years. The law gives priority to the mother, followed by other female relatives, as outlined in Article 20 of Law No. 1 of 2000, and Article 381 of the Personal Status Regulations for non-Muslims, when applicable.
However, this order of priority is not absolute. It may be altered if it is proven that the child faces actual harm, or if any custodial condition is missing, including:
• Mental soundness
• Legal maturity and adulthood
• Integrity and trustworthiness
• Capability of providing care and education
• Freedom from contagious or psychological diseases
•Not being married to someone who is not a mahram (relative by blood or breastfeeding)
What We Offer in Custody Cases:
• Filing legal actions to establish or transfer custody based on evidence and documentation
• Preparing legal defenses against unjustified claims for revocation of custody
•Proving or disproving custodial eligibility using witnesses, social reports, and material evidence
• Requesting access to the custody residence or financial compensation in lieu of it
•Filing for associated expenses, including nanny wages, housing allowance, and others
• Appealing custody rulings or filing for modification if circumstances change
Our Standards in Managing Custody Files:
1. The Child’s Interest Comes First
We do not approach custody from the standpoint of either parent — our strategy is grounded in viewing the child as the central rights-holder.
2. Precise Evidence and Realistic Analysis
Custody cases are not built on emotional narratives or vague accusations — only on provable facts.
3. Evaluating the Potential for Amicable Resolution
When appropriate, we guide clients toward structured, written agreements that shield the child from the trauma of prolonged litigation.
Procedural Notes:
• Under Egyptian law, custody ends when the child reaches 15 years of age, though the custodian may petition for an extension until adulthood if it serves the child’s interest
• Marriage of the custodial mother does not automatically revoke her custody. A case-by-case assessment must prove that the marriage negatively affects the child’s welfare
• Custody is automatically forfeited in cases of severe neglect, abuse, or dishonesty, and can be transferred by court order following due investigation