Z, Re

Z, Re

Z’s welfare requires that any return to Egypt be strictly conditional on the parties entering into a Dispute Settlement Agreement (DSA) and obtaining an Egyptian court order reflecting agreed safeguards, including the father’s undertaking not to rely on the Notice of Disobedience in custody proceedings and advance payment of 100,000 EGP by the father. Without these enforceable safeguards, the risks to Z and the mother are too great and return would be contrary to Z’s best interests.

Parties
Applicant: The Father; First Respondent: The Mother; Second Respondent: Z (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Child Welfare/family Law (international Child Abduction, Summary Return, Welfare Hearing) / Final Welfare Hearing and Judgment
Outcome
Conditional order for return of Z to Egypt; return only upon entry into a DSA, Egyptian court order, and advance payment of 100,000 EGP by the father. If conditions are not met, Z remains in England.
Legal Topics
Summary Return of Child, Welfare Principle, Protective Measures, Enforcement of Foreign Orders, Domestic Abuse Findings, Maintenance and Financial Support, Dispute Settlement Agreement (dsa), Notice of Disobedience (no D), Custody and Guardianship, Immigration/asylum Overlap
Family Law International Child Abduction Child Welfare Summary Return of Child Welfare Principle Protective Measures Enforcement of Foreign Orders Domestic Abuse Findings +5 more

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Parties

The Father

Applicant

The Mother

First Respondent

Z (by his Children’s Guardian)

Second Respondent

Procedural Posture

Child Welfare/family Law (international Child Abduction, Summary Return, Welfare Hearing) / Final Welfare Hearing and Judgment

Legal Issues

  1. 1 Whether Z should be returned to Egypt or remain in England with his mother
  2. 2 What protective measures are necessary to safeguard Z and the mother on return to Egypt
  3. 3 Impact of the Notice of Disobedience and lack of Dispute Settlement Agreement on the mother’s and Z’s welfare

Ratio Decidendi

Z’s welfare requires that any return to Egypt be strictly conditional on the parties entering into a Dispute Settlement Agreement (DSA) and obtaining an Egyptian court order reflecting agreed safeguards, including the father’s undertaking not to rely on the Notice of Disobedience in custody proceedings and advance payment of 100,000 EGP by the father. Without these enforceable safeguards, the risks to Z and the mother are too great and return would be contrary to Z’s best interests.

Court Disposition

Conditional order for return of Z to Egypt; return only upon entry into a DSA, Egyptian court order, and advance payment of 100,000 EGP by the father. If conditions are not met, Z remains in England.

Orders

  • Z to return to Egypt by 1 December 2026, conditional on the parties entering into a DSA in the terms set out by the Guardian and obtaining an Egyptian court order by 30 October 2026 reflecting those terms, including the father’s undertaking not to rely on the NoD in custody proceedings.
  • The father to pay 100,000 EGP in advance (broken down as 28,000 EGP for accommodation, 30,000 EGP advance maintenance for the mother, 42,000 EGP towards arrears for Z) prior to any return.