ST. JOHN'S — Bouchra Marbouhi last saw her five-year-old daughter over two months ago when the girl left for a sleepover with her father. The next day, Marbouhi received alarming texts from her estranged husband, stating he had taken their daughter to Egypt. "I was shocked, I started crying," Marbouhi recalled. "I honestly felt like I was dreaming."

Despite a temporary court order prohibiting the father from taking the child outside St. John's, Newfoundland and Labrador, the order failed to prevent the abduction. Marbouhi expressed her disillusionment with the legal system, stating, "I trusted the system to protect (my daughter) and I found out too late that how many gaps are there — no exit checks, no coordination between courts and borders."

The incident has raised significant concerns among women's groups and family lawyers regarding the ease with which a parent can abduct a child internationally without the other parent's consent. Advocates are calling for stronger policies to prevent such abductions, particularly to countries that are not signatories to The Hague Convention, which aims to prevent international child abduction.

"We need to have some kind of red flag system at international borders," said lawyer Pamela Cross, a member of Ontario's Domestic Violence Deaths Review Committee. "Because we know that once a child is removed to a country that has not signed The Hague Convention, getting them back from that country is extremely difficult." Egypt is not a signatory to this convention.

Marbouhi had sought a divorce from her husband multiple times during their eight-year marriage, but he refused. After moving to Canada last year, she found support in St. John's to help her escape. In May, a judge granted her an interim non-removal order, citing an immediate danger of the child's removal. However, the judge did not determine who would be the primary parent or if the father required supervised visitation.

On September 26, the father picked up their daughter for the scheduled overnight visit. The following day, Marbouhi received the texts about the abduction. She immediately contacted the police, who found her husband's home empty and confirmed he had left the country.

In October, the Royal Newfoundland Constabulary issued a warrant for Ahmed Mohamed Shafik Abelfat Elgammal, Marbouhi's estranged husband, on charges of abduction in violation of the custody order. The allegations against him have not been proven, and attempts to reach him for comment were unsuccessful.

Marbouhi, who is neither a Canadian citizen nor a permanent resident, faces uncertainty about her ability to return to Canada if she leaves. "I'm trying to stay strong, but it's too hard," she said. "I need her, I need to be with her."

The Canada Border Services Agency does not require individuals leaving Canada to speak with an agent as they do upon entry. However, police can issue alerts that may allow border agents to intervene. Civil court orders, such as non-removal orders, are not typically reported to the agency, according to a spokesperson.

The Royal Newfoundland Constabulary did not issue an Amber Alert because the child was already out of the country when she was reported missing. The police are collaborating with various agencies to ensure the child's safety.

Cross emphasized the need for better scrutiny of individuals crossing borders with children, especially to non-Hague countries. "It should be, 'Excuse me, sir, we just have to check with the child's other parent. Can you and the child please wait here?'" she suggested.

Anuradha Dugal, executive director of Women’s Shelters Canada, called for improved coordination between federal and provincial authorities to ensure that non-removal orders are enforced beyond their originating province. "What’s applied in family law has to jive with what would be expected at the federal level," Dugal stated.

Cross noted that women and children are particularly vulnerable when a woman takes steps to protect herself and her children. "A court order really is just a piece of paper without a larger safety plan backing it up," she said. "We live in a global world now. It’s going to take a collaborative response across all systems to improve the safety of women who do what any logical person would do and turn to the law to protect them."

Marbouhi expressed her frustration, wishing someone had informed her that the non-removal order had limited enforcement capabilities. "It’s terrifying," she said. "Any child can just disappear across borders."