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Responses
Email
In regards to the respondent’s Exhibit “B”, the petitioner disputes
the context of the email. In no way, shape or form did the petitioner state that
he was not interested in seeing K.S.H.The email was part of a 12-page letter
written to the respondent (attached exhibit).

Passport
The petitioner did not agree to obtain the USA entry Visa for K.S.H’s Egyptian
passport, since the USA embassy withdrew K.S.H American passport based
on the parental abduction case filed again the respondent as K.S.H was
abducted from Atlanta, Georgia on July 24, 2016 by the Respondent.
The Petitioner would not agree to use K.S.H’s Egyptian passport as this would
provide an entryway for the Respondent to remove K.S.H from Egypt to
another jurisdiction, in order to evade the Petitioner and ensure that K.S.H
does not see her father.

Divorce Proceedings
Divorce proceedings were initiated by the Petitioner in light of the
respondent’s infidelity. The Petitioner found improper text messages of the
Respondent on the Respondent’s library phone. When the Petitioner
investigated the number that the messages were sent to, the Respondent
r e a l i z e d i t w a s a n E g y p t i a n - b a s e d t e l e p h o n e n u m b e r. T h e
accompanying text messages of the Respondent exposed the Respondent’s
affair. The Petitioner found these text messages in or around July 2016.
Following awareness of the Respondent’s affair, the Petitioner proceeded to
file for a divorce. As the Respondent had abducted K.S.H. at this time, the
Petitioner travelled to Egypt to see K.S.H. on November 16, 2016 and file for
divorce. The Respondent’s father begged the Petitioner to urge the divorce.
The Petitioner attempted to fix the marriage but the Respondent declined. The
divorce proceedings were a result of the Respondent’s adultery. Under
Egyptian court of law, adultery is grounds for termination of the offending
parent’s custody rights. In fact, Egyptian law imposes a sentence of two years
in prison if a wife is found to have committed adultery. Accordingly, the
Respondent is not legally entitled to custody of K.S.H in Egypt.
Respondent waived her rights to custody and finances by divorcing under
‘Type 2’ of the Egyptian Family Law Statute. Type 2 holds that the divorced
husband is discharged from all financial duties. During the divorce, the
Respondent swore a decree, declaring that she acquits the Petitioner from

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deferred dowry, financial assistance and from alimony. This is in contrast to

the Respondent’s recent request for financial assistance.
Ignored Correspondence
The Petitioner alerted the Respondent several times that she was not to take
K.S.H out of the United States. The Respondent ignored the Petitioner’s
requests and removed K.S.H. from the United States on July 24, 2016 and
has since not returned.Following the abduction of K.S.H. the Petitioner
attempted to contact the Respondent via telephone, email, and post, to return
K.S.H. back to the United States. This correspondence was ignored. The
Respondent finally filed a lawsuit for custody of K.S.H. The Petitioner tried to
serve the Respondent several times, but the Respondent evaded the process
server by staying in hotels while is in the Atlanta ( St. Regis Buckhead during
June 2017) The Petitioner finally served the Respondent.

Care of K.S.H in Egypt

The Petitioner asserts that relatives who reside in Egypt have witnessed the
Respondent leaving her residence and proceeding to nightclubs up to 2-3
times a week at times. Some of the Petitioner’s relatives have seen the
Respondent at various nightclubs. It is unclear what kind of care or attention
the Respondent is giving to K.S.H. The Petitioner asserts that the Respondent
is unfit to care for K.S.H. in light of the Respondent’s heavy reliance on
nannies and the Respondent’s negligent behavior.
The Petitioner received accounts of K.S.H. being left alone in the company of
a teenaged-boy (attached Exhibit). As child abuse is common in certain parts
of Egypt, it illustrates disregard for K.S.H.’s best interests. It is also culturally
unacceptable to leave a young girl alone in the company of an older boy.

Expenses of K.S.H
The Petitioner emailed the Respondent to ask for what the Respondent
needed for Karma’s expenses while K.S.H. was in Egypt. Despite the fact that
the Petitioner was in distress for not seeing K.S.H. for a period of time. The
Respondent responded to the email and stated, “thank you we are fine we
don’t need anything from you.!!!” (Exhibit attached).
K.S.H.’s attachment to Atlanta, Georgia
€K.S.H. does not understand or speak Arabic which is the official language
of Egypt. K.S.H’s primary language is English. The Respondent has left K.S.H
isolated in the confines of the house she is staying at in Egypt, as the
maternal grandparents of K.S.H are the only people that she can converse
with. This isolation increases the chances of K.S.H suffering from behavioral
disorders and attachment issues.

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€Petitioner had prepaid for K.S.H.’s preschool up until December 2016,

and had to de-enroll K.S.H once the Petitioner found out the K.S.H would not
be coming back to the United States.

Payment of Fees
€Petitioner agreed to pay for K.S.H’s tuition fees and yearly administrative
for the academic year of 2017
€Petitioner did not agree to pay for the nanny’s salary or the driver’s salary
as the Respondent’s behavior has demonstrated a reckless lifestyle of
nightclubs, alcohol abuse and negligence

Jurisdiction
The Memorandum of Understanding Between the United States and Egypt
concerning parental access to children (October 22, 2003) holds that “except
in highly unusual and limited cases, all children deserve and need to have
contact with both parents” Meaningful access by parents to their children
requires arrangements that will permit a parent to have regular contact and
maintain an ongoing relationship with his or her child.
The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United
States federal Law, H.R. 3378, approved December 2. This law makes it a
federal crime to remove a child from the United States or retain a child outside
the United States with the intent to obstruct a parent’s custodial rights, or to
attempt to do so (see 18 U.S.C., SS 1204).
In United States v. Amer, 110 F. 3d 873 (2d Cir. 1997), the U.S. Court of
Appeals for the Second Circuit refused to dismiss the indictment of a father
who had abducted his children to Egypt despite the fact that the defendant
father had argued that Egypt was not a State party to the Hague Convention.
In support of established jurisdiction, the Petitioner relies on the case of Sadat
v. Mertes, 615 F. 2d 1176 (7 Cir.1980) in which it was held that a dominant
th

nationality is established either by reason of residence or other association

subject to [his or her] control… The Respondent resided in the United States
for most of her marriage to the Petitioner. This is supported by the fact that the
Respondent retains American citizenship. The principle in Sadat used the
principle of “effective, dominant nationality” to resolve disputes under domestic
law that involve dual nationals. The Respondent asserts that United States
courts provide no jurisdiction, but as the Respondent is a national of the

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United States, and has made no attempt to sever ties with the United States,
jurisdiction is vested in the state of Georgia.

Conclusion:
€Respondent is not legally entitled to custody over K.S.H. under Egyptian
law or US law
€Although K.S.H. was born in Egypt, she has no ties to Egypt. Accordingly,
K.S.H should be returned to her father and K.S.H should be re-enrolled in
school, and reunited with her teacher, and schoolmates.(Attached to this
submission are pictures of K.S.H. and her established life in Atlanta).
€K.S.H. has overwhelming ties to Atlanta Georgia, establishing jurisdiction,
and the best interests of K.S.H.
€Jurisdiction is established as the United States remains a dominant
nationality for the Respondent

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