The High Court ordered Z’s return to Egypt only if a DSA and Egyptian court order are secured and the father pays 100,000 EGP in advance; otherwise Z stays in England.
The Father v The Mother & Anor [2026] EWHC 1012 (Fam) (30 April 2026)
The court refused an immediate return to Egypt for a child, holding return could only occur if an Egyptian consent order and financial safeguards were secured.
The court refused the father’s application to relocate three children to Saudi Arabia, kept them living with their mother in the UK, and made a section 91(14) order.
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.
The High Court ordered C returned from Egypt to England to live with the mother, refused D’s return to Egypt, and rejected reliance on the father’s proposed soft-landing scheme.
The English court retains welfare jurisdiction because the request for return is still pending under Article 7(1)(b) of the 1996 Hague Convention, as the Polish return order has not been enforced and active enforcement efforts continue. The mother has not satisfied all four criteria required for jurisdiction to transfer to Poland.
The Court of Appeal dismissed a father’s challenge to permission allowing the mother to relocate the children to the UAE, despite domestic abuse findings and weak UAE enforcement.
The High Court held that England and Wales retained welfare jurisdiction over two children under Article 7 of the 1996 Hague Convention because the Polish return request was still pending.
It is in the child's best interests for the mother to be permitted to relocate with him to Dubai, given the enhanced quality of life, education, and stability provided, and the minimal current impact on the child's relationship with the father, which is limited to indirect contact. The father's application for summary return is refused as the welfare analysis does not support return. Progression to direct contact is premature due to unresolved risks from domestic abuse and insufficient evidence of meaningful change by the father. The application for variation of the child arrangements order i…