Paphos: A British father has been fined €3,000 after his two-year-old son fell from a fourth-floor window at a hotel in Cyprus and died on the first day of the family’s holiday.

Joshua Foster, 37, from Essex, was sentenced by Paphos District Court after admitting that he caused his son’s death through a reckless, rash or dangerous act. The toddler fell nearly 40ft (12.1 metres) from a window at the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12.

Foster had placed the child on a windowsill to show him the view of a nearby waterpark, believing the window was closed. The court heard that he lost control of the boy before he could react.

The case has drawn attention to the tragic circumstances of the child’s death and the court’s assessment that the incident resulted from a momentary error rather than a deliberate act. The judge also acknowledged that no sentence could outweigh the personal consequences of losing a child.

How the fatal fall happened

Foster arrived in Cyprus with his wife, their two children and his in-laws just hours before the incident.

The family spent time enjoying activities and swimming before preparing for dinner that evening. At about 6 pm, Foster was walking towards a lift with his father-in-law and son when the toddler noticed a waterpark outside the hotel.

Foster pressed the lift button and placed his son on the windowsill so that he could look at the view.

According to the account presented in court, the child fell before his father could grab him. The toddler plunged approximately 12.1 metres from the fourth-floor window.

Emergency assistance was sought, and the boy was taken to Paphos General Hospital, where he was later pronounced dead.

The incident occurred on the first day of the family’s holiday, turning what was intended to be a family break into a tragedy.

Court says window gave no clear warning

District Judge Froso Christodoulidou said the window did not appear to have markings that would necessarily have alerted Foster to the fact that one section remained open.

The judge said Foster’s failure to establish that the window was closed had led to the fatal outcome.

“It was a momentary error which created a dangerous situation with fatal consequences,” the judge said, according to a translation of the proceedings.

The court also found no evidence that Foster had deliberately exposed his son to danger.

The judge acknowledged the severity of the consequences for the family, noting that no punishment could outweigh the personal loss caused by the death of a child.

Foster admitted causing death through a reckless, rash or dangerous act. The €3,000 fine was imposed after that admission.

The court’s remarks indicated that the circumstances of the incident, including the absence of evidence of deliberate endangerment, were relevant to its assessment of the case.

Foster told police his son fell before he could react

In a voluntary statement to police, Foster said that his son fell from the windowsill before he had an opportunity to grab him.

The prosecution’s account centred on his decision to place the child on the sill without first confirming that the window was fully closed.

Foster reportedly believed the window was shut, but the court heard that part of it remained open.

The distinction was important to the case: the fatal fall followed an action intended to show the child the view, but the failure to establish that the window was closed created a dangerous situation.

Foster had alcohol in his system at the time, according to the information presented in the case. However, alcohol did not form a significant part of the proceedings, and his lawyer, Alexandros Alexandrou, said there was no testimony that Foster had been drunk.

The available account does not indicate that intoxication was the principal basis for the conviction.

Family says loss will never end

After the sentencing, Foster thanked people who had supported the family and said he wanted to return home to be with his wife and daughter.

“Thank you for the support. I’m looking forward to going home and being with my wife and daughter,” he told reporters.

The family later issued a statement saying they were relieved that the legal process had concluded but that the consequences of the tragedy would remain with them.

“We are relieved that this process is now over, but for our family, the consequences of this tragedy will never end,” the statement said.

“Our son was deeply loved and will be forever missed. His loss is something we carry with us every day.”

The statement reflected the family’s continuing grief following the death of the toddler.

The case had required the family to navigate both the immediate aftermath of the tragedy and the subsequent legal proceedings in Cyprus.

Lawyer says case should never have gone to court

Foster’s lawyer, Alexandros Alexandrou, criticised the decision to prosecute his client, saying the case should have “never gone to court”.

He said Foster had been held in custody for eight days immediately after the incident and had to call his daughter from custody to explain what had happened.

Alexandrou also argued that the legal process had affected Foster’s ability to grieve with his family.

“Within this three months, there was a lost opportunity for this man to grieve as he wanted to, to be with his family,” the lawyer told reporters.

He described Foster as an “incredible father” and an “exemplary family man”, adding that his family had continued to support him throughout the proceedings.

The comments represented the defence lawyer’s view of the prosecution and its impact on Foster. The court, meanwhile, had found that his failure to ensure the window was closed resulted in the child’s death.

A holiday ended in tragedy

The fatal fall took place just hours after the family arrived at the hotel for their holiday.

The toddler’s death prompted an investigation and court proceedings that culminated in Foster’s admission and sentence. The judge’s remarks recognised both the dangerous circumstances created by his actions and the absence of evidence that he had deliberately put his son at risk.

The €3,000 fine brings the legal process described in the case to a close, but the family has said the emotional consequences will endure.

For Foster, the immediate priority after sentencing was to return home to his wife and daughter. For the family, the loss of their young son remains a permanent part of their lives.

The case is a reminder of how a brief lapse in checking a potentially dangerous situation can have irreversible consequences, particularly when young children are involved.