A v B & Ors

A v B & Ors

The welfare of the children requires that C be returned to England to live with the mother so that both children can be together in the care of the more capable and trustworthy parent. The father's conduct, including dishonesty, breach of court orders, financial abuse, and manipulation of the child, undermines any confidence in his proposed safeguards or in the children living with him in Egypt. The mother's refusal to return to Egypt is reasonable given the lack of enforceable protections. The best interests of the children are served by their reunification in England with the mother.

Parties
Applicant: A; 1st Respondent: B; 2nd and 3rd Respondents: C and D (through their Guardian, Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
13 January 2026
Procedural Posture
Children Act Proceedings (cross Applications for Return of Children) / Final Hearing and Judgment
Outcome
Order for the return of C to England to live with the mother; D to remain with the mother in England; indirect contact for the father; further directions for compliance and possible wardship if breached.
Legal Topics
Child Abduction, Habitual Residence, Welfare Principle, Enforcement of Foreign Orders, Parental Responsibility, Financial Provision, Jurisdiction
Family Law Child Law International Family Law Child Abduction Habitual Residence Welfare Principle Enforcement of Foreign Orders Parental Responsibility +2 more

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Parties

A

Applicant

B

1st Respondent

C and D (through their Guardian, Lillian Odze)

2nd and 3rd Respondents

Procedural Posture

Children Act Proceedings (cross Applications for Return of Children) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether C should be returned from Egypt to England to live with the mother
  2. 2 Whether D should be returned from England to Egypt to live with the father
  3. 3 Whether the father's conduct and compliance with court orders affects the welfare analysis

Ratio Decidendi

The welfare of the children requires that C be returned to England to live with the mother so that both children can be together in the care of the more capable and trustworthy parent. The father's conduct, including dishonesty, breach of court orders, financial abuse, and manipulation of the child, undermines any confidence in his proposed safeguards or in the children living with him in Egypt. The mother's refusal to return to Egypt is reasonable given the lack of enforceable protections. The best interests of the children are served by their reunification in England with the mother.

Court Disposition

Order for the return of C to England to live with the mother; D to remain with the mother in England; indirect contact for the father; further directions for compliance and possible wardship if breached.

Orders

  • C to be returned from Egypt to England within two weeks; to live with the mother on return
  • Indirect contact (video) between father and children daily for about 20 minutes