Mohamed Hassanein
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I’m Mohamed Hassanein, a PhD Egyptian family lawyer with multi-disciplinary specializations. I have studied in Sharia law for a long time in one of the most prestigious Islamic schools in the world; AlAzhar University. I’m specialized in all family disputes connected with Sharia law and/ or Egyptian law. Moreover, I have did many cases that included non- Egyptians, non- Muslim parties.
My work is not only exclusive to spouses’ disputes, but also children custody and allocations as well as estate planning and wills. Also our work includes immigration and residency issues either arise from marriage or investment.
Relevant experiences and positions
I used to work as a court magistrate for five years. I also used to work as a part time university staff. I taught many curriculums ; this includes criminology, human rights and administrative law. In 2019, I have joined ElAttar law firm, Egypt as a partner which has been established in 2013. I’m a member of the International association of lawyers (UIA).
I have done two Masters; in public law and IP law. I also did a PhD in Public law. Moreover, I have published many papers on Freedom of speech, Public order, Arbitration & Mediation in family disputes, Custody of children, Share of wealth in Egyptian law.
I have participated in many conferences connected to family law in Germany, Turkey, the UK, and Senegal and of course in Egypt.
Some personal questions
What is your opinion on the law / case law on child relocation in your country?
I believe that the Egyptian law and case law in the child relocation are very difficult specially that in most of the cases divorced spouses don’t agree to move the child with fear of abduction. Thus, a husband can prevent his wife from moving with children to another country by a court order. The same for a divorced wife in case she has the custody of children.
This sometimes affects children badly in the context that relocation might be to a much better environment in terms of life, freedom and education.
What is your advice to parents who are thinking about relocating with a child?
I believe that they should negotiate the relocation process together or under mediation process so that they can avoid the courts’ orders. Courts are very conservative and hesitant in relocation cases and in most of the cases, they don’t allow forrelocation.
What would you like to say to judges who handling child relocation cases?
Judges should be open to the aspirations of the claimants and should understand that sometimes relocation is for the best interest of children; a better life , a better education and sometimes avoiding a parent with a mental or psychic illness who might hurt the children or the other souse.
Which child abduction case will you never forget?
I had a case in which the spouses were British-Egyptian residing in the UK, the husband moved the the family to Egypt, divorced the wife under the Egyptian law and got the custody of the daughter under Egyptian law.. all these procedures were taken in the absence of the mother. The father left the daughter with her mother, went back to the UK, accused the mother of child abduction and notified the migration authorities in the UK not to take any procedures related to his daughter except by his permission on the basis of the Egyptian court order that appointed him as a custodian.
The mother was accused of child abduction in the UK and she was not the custodian of her daughter in Egypt so that she couldn’t take any procedures regarding to her daughter regarding to her education or extracting official papers.
We managed to resolve the situation by getting the mother a new court order that appoints her as a custodian for her daughter.
What is your advice to parents dealing with international child abduction?
Parents dealing with international child abduction should be careful choosing a skilled and clever lawyer who can collect and analyze data so as to reach the children and get updates about them. Parents should choose a lawyer who is knowledgeable on different jurisdictions and can deal also with local communities. Parents also should be patient as this kind of cases takes some time. These cases are complicated under different jurisdictions and gets more complicated in Egypt if the religion of spouses is not the same.
