Mother of N.L. girl taken by father to Egypt granted custody but says search continues

A adult female whose five-year-old girl was taken by her padre from newfoundland dog to his place country of Egypt says she now has legal custody of her child — but finding her has been difficult.

Bouchra Marbouhi says she was granted custody of her daughter in late December after travelling to the city of Alexandria and making an application in court.

On Dec. 23, an Egyptian court determined that the child's "best interests are undoubtedly served by her mother" and ordered the child returned to Marbouhi immediately.

However, when police and Marbouhi's lawyer went to get the girl this month, she said her estranged husband Ahmed ElGammal fled.

"He is in hiding. Now his family is telling me that he's still hiding and they don't know where [he is]," Marbouhi said in a recent interview from Alexandria.

The Royal Newfoundland Constabulary issued an arrest warrant for ElGammal, 36, in late October on charges of abduction in contravention of a custody or parenting order. The Supreme Court of Newfoundland and Labrador’s family division ordered last spring that the girl not be removed from the St. John's metro area.

Shady Abdellatif, an Egypt-based lawyer who specializes in international abduction cases, has taken on Marbouhi's case.

Abdellatif believes ElGammal was tipped off before he and police went to the ElGammal family home, which allowed the father and daughter to leave before police got there.

By law, Abdellatif says, after three unsuccessful attempts at getting the girl back, a criminal case can be launched against ElGammal and his mother.

"When we get a criminal decision against them, they must deal with us and give us [Marbouchi's daughter]," Abdellatif said.

She has legal custody of her daughter. But finding the 5-year-old is proving difficult

Abdellatif said it would be helpful in finding the father and daughter if Egyptian Interpol officials receive a red notice from Canadian Interpol officials. To date, Abdellatif said he doesn't believe that has happened.

A red notice is a request for law enforcement "to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. "

However, in an emailed statement, the force said it is working with "all the appropriate agencies in an effort to confirm the safety of the child."

"We have the right to take her," said Abdellatif, adding they just need to find her location.

Meanwhile, Abdellatif says ElGammal has applied for a travel ban that would restrict Marbouhi from leaving the country with their daughter. Marbouhi is opposing the ban.

"I feel so much better being here, close to her and much better that Mr. Shady is here with me," Marbouhi said. "I have full trust in him that I will get [her] back."

Marbouhi says she couldn't have done this without the help of Canadians who donated money to her cause, and two Newfoundland women who made the journey to Alexandria to accompany Marbouhi.

"I could not let her do this alone," said Elyse McGrath, chair of Violence Prevention Avalon East. "She's like a sister to me at this point."

McGrath has been acting as an advocate for Marbouhi.

"I'm a mother, I have a five year old. I could be in her situation. It's the luck of the draw where you live," McGrath said.

The Hague Convention provides a roadmap to return a child who was wrongfully taken by a parent from one country to another, while accepting any court orders that have been made in the country where the child was taken from. 

However, Egypt is not a Hague country. 

It's now up to Marbouhi's lawyer and police to locate the girl and reunite her with her mother.

"I just want to say that I'm very grateful for Canada, Canadian people, Newfoundlanders, they were huge support for me," Marbouhi said.

"I'm very grateful for you guys and I appreciate that. I will never forget that. It means a lot to me."

Investigative reporter

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