Changes to the law governing access to children following divorce are causing controversy, reports Reem Leila The law is being changed to guarantee that children of divorced parents will be able to see both their fathers and mothers, though it is the latter who normally retain custody of children under the age of 15. The amendments are designed to minimise the number of cases coming to the courts, most commonly brought by fathers seeking visitation rights. The personal status law currently stipulates that parental visits be supervised by a third party, normally appointed by the court, cover three hours in any given week and take place in a secure environment. Relatives who are non-custodians, including grandparents, aunts and uncles, have no rights of access under the existing law. The new draft law, presented by MP Zeinab Radwan, which seeks to amend existing legislation, has gained the support of the Islamic Research Centre (IRC), an important first step in securing People's Assembly (PA) assent. The draft is now being discussed by the PA's legislative committee. The amendments will guarantee greater access for fathers as long as they fulfil their financial obligations towards their children. Relatives of the non-custodian parent -- grandparents, aunts and uncles -- will also be granted visitation rights. Changes to the law also include provisions to allow residential visits by children 10 years of age or older, who will now be allowed to stay overnight with their non-custodian parent providing both father and mother agree on this. Children will still be prevented from travelling abroad with their fathers, however, a move aimed at reducing the possibility of illegal abduction. Fathers remain financially responsible for supporting their children under the new draft, and in the case of any shortfall or delay in maintenance payments rights of access may be withdrawn. Fawziya Abdel-Sattar, professor of law at Cairo University, points out that most court cases are brought by mothers seeking to force their former husbands to pay maintenance. Many fathers, she says, do not bother to show up during visiting hours and often children are left waiting for the absent parent. Such experiences can translate into psychological traumas later in life. Courts and police stations also report an increase in the numbers of cases filed by custodian parents concerning the abduction of children. Omar Ahmed, a non-custodian father, complains that the present law deprives paternal grandparents and the father's extended family of visiting rights, negatively impacting on the continued relationship between children and their paternal relatives. "Why can't these visits go ahead without the custodian's consent?" he asks. The law stipulates the custodian's as well as the child's consent in order to guarantee that children are returned to their legal guardians at the end of visits, says Abdel-Sattar. Non-custodian parents usually take advantage of the mother's inattention to kidnap and take away the child. IRC member Abdel-Moeti Bayoumi told Al-Ahram Weekly that the law had been unanimously approved by the centre. Only one item was removed on the grounds that it did not comply with Sharia, and that concerned the location of on- custodian visits. The draft law had stipulated that a non-custodian parent visit at the custodian parent's house or that of the child's nearest maternal relative house. "The IRC found that this item would court controversy between divorced parents, creating a hostile atmosphere around children," said Bayoumi. The draft law presented by Radwan has attracted a degree of controversy, with lawyer Nabih El-Wahsh filing a case against Radwan claiming that the amendments had been drawn up for "personal reasons". "If there was anything wrong with the draft regarding Islamic regulations it would have not been approved by the IRC," responded Radwan. Sheikh Omar El-Deeb of Al-Azhar University supports the reduction -- from 12 to 10 years of age -- at which non-custodian parents can begin to visit children more extensively, though he thinks it does not go far enough. "The non-custodian parent and paternal relatives should have the right to visit and host children from day one and not when they reach 10 years of age. According to Islamic Sharia, both parents have equal rights so why differentiate between a custodian and non-custodian parent," he asks. El-Deeb also points out that divorced parents cannot, under Islamic law, be alone in the same place. Lawyer Maged El-Sherbini claims it is mothers and children, rather than fathers, who suffer most after an acrimonious divorce. "Lots of fathers file visitation cases simply to get back at their ex- wives," he says. "They do not really want to host the children or even see them, they just want to pressure the mother to give up either her or the children's financial rights." Mohsen Abdel-Rahman, divorced with a 13- year-old daughter, called the amendments "a major defeat for men". He complains that everything is now done for the sake of women. "What will a man like me do if his ex-wife refuses to let him see his child regularly?" asks Abdel-Rahman. El-Sherbini points out that custodian parents who hinder or prevent access by the father will have their rights of custody removed. The child will then be placed in the care of the maternal grandparent, as stipulated in Sharia. "The draft law takes the interests of all parties into consideration and whoever contravenes the regulations will be penalised," says El-Sherbini. Yet many custodian parents believe the amendments give excessive rights to non-custodian parents. "How dare non-custodian parents seek more rights while refusing to fulfil their existing duties towards their children," says Manal Saleh, a custodian parent. Mona Hussein agrees with Saleh. After 13 years of marriage Hussein's husband divorced her and abandoned his four children, refusing to provide any financial assistance. After five long years in the courts Hussein finally received a judgement ordering her husband to pay maintenance. He then fled abroad yet still filed an access case against his ex-wife. "He does not really want to visit or even see them, he just wants to annoy me and pressure me to give up my children's financial rights because he found himself obliged to pay a sum in excess of LE100,000."
