Mandy Kelly told authorities want to probe allegations against Ramy Gamal Maamoun Mohamed
Mother-of-two Mandy Kelly was informed through her legal team this week that the authorities in Egypt intend to probe allegations that her estranged husband, Ramy Gamal Maamoun Mohamed, abducted the couple’s two children while they were on a family holiday in February 2022.
Separately, Ms Kelly’s mediator said she has “no choice” but to travel to Egypt and enter into a custody battle with her husband in the Egyptian courts.
An Irish High Court ordered that the children be returned to their mother, but her husband has failed to do so.
“Unfortunately Mandy will have to submit to the Egyptian courts,” said Miceál O’Hurley, a mediator acting on behalf of Ms Kelly. “It is not in her best interest or the children’s best interest but we have no choice.
“We have to allow them to hear the case and give them jurisdiction, even though the father submitted to Irish jurisdiction and was ordered to return the children.”
Mr O’Hurley said that it is “likely” his client will be awarded custody in Egypt, but that she will be “forbidden” from returning to Ireland with her children.
“There have been 11 cases in Egypt over the last decade, all had bad outcomes for Irish mothers,” he said.
“They are told, ‘Yes, we will give you custody but you have to remain in Egypt’.
“The case is heard in steps. The court is willing to hear the custody issue and then once custody is given to the mother, the father has 30 days to appeal.
“That portion takes between six to nine months to get heard at the earliest. Then the father argues that the children are well settled and the mother has shown that she can live and thrive in Egypt.
“Not only is Islamic law favourable to the men but its injurious to the women who are non-national.”
Mr O’Hurley said his client was told last week that the authorities are now investigating claims of parental abduction, something that may strengthen her custody case.
“This isn’t a love tug of parents who can’t decide custody,” he said. “This is a criminal act.
“In Egypt, the public prosecutor has opened a case. That’s a criminal matter. Mandy will have to go to Egypt and give a statement.
“If the public prosecutor brings the public prosecution, it joins the civil action for custody.
“Parental abduction is a crime in Egypt. We have every hope of a different outcome from the other cases and that Mandy will be able to return home with the children.”
Ms Kelly, from Monaghan, was on holiday in Cairo two years ago when Ramy Gamal Maamoun Mohamed locked her in an apartment and took the children away in a car.
He allegedly told Ms Kelly the day before they were due to return home that he was keeping the children, both born in Ireland, in Egypt.
Zayn, who is now aged five, and his three-year-old brother Kareem have had no contact with their mother since.
Ms Kelly said her estranged husband has requested €500,000 for the return of her children, and she has spent around €35,000 in legal fees trying to get them back.
Egypt is not signed up to the 1980 Hague Convention, which aims to protect children from international abduction by a parent using diplomatic pressure to ensure the prompt return of the child.
“We are asking for more assistance from the Irish Government,” Mr O’Hurley said.
“We are asking the Department of Foreign Affairs to suspend all but essential trade and cultural co-operation with Egypt until the rights of Irish citizens can be assured, and Irish family court orders accepted in Egyptian courts.”