J v. Q AND ANOTHER

J v. Q AND ANOTHER

The mother’s conduct — abducting the child in breach of interim Shanghai arrangements, failing to comply with a specific court direction about a passport application, persisting in a factual case contradicted by contemporaneous documents, and giving materially inconsistent accounts to different courts — amounted to reprehensible and unreasonable conduct justifying departure from the general practice; accordingly the court ordered the mother to pay the father's costs of the wardship and Hague proceedings, to be taxed party and party if not agreed.

Citation
[2025] HKCFI 1730
Parties
Applicant (hcmp 2563/2024); 1st Respondent (hcmp 2721/2024): J; 1st Respondent (hcmp 2563/2024); Applicant (hcmp 2721/2024): Q; 2nd Respondent (hcmp 2563/2024); 2nd Respondent (hcmp 2721/2024) by Guardian Ad Litem: K (the Minor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 May 2025
Case Number
HCMP2563/2024
Procedural Posture
Wardship and Hague Convention Child Abduction Proceedings / Costs Decision on Paper Disposal Following Judgment for Return of Child (decision on Costs Reserved)
Outcome
Order made that the mother pay the father's costs of the wardship and Hague proceedings, including reserved costs, to be taxed on a party and party basis if not agreed; costs of the paper disposal treated as part of the overall costs and ordered accordingly (costs nisi)
Legal Topics
Costs Orders in Child Cases, Hague Convention 1980, Habitual Residence, Non Compliance With Court Directions, Misrepresentation in Proceedings
Source Language
EN
Family Law Child Abduction International Law Guardianship Procedure (costs) Costs Orders in Child Cases Hague Convention 1980 Habitual Residence +2 more

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Parties

J

Applicant (hcmp 2563/2024); 1st Respondent (hcmp 2721/2024)

Q

1st Respondent (hcmp 2563/2024); Applicant (hcmp 2721/2024)

K (the Minor)

2nd Respondent (hcmp 2563/2024); 2nd Respondent (hcmp 2721/2024) by Guardian Ad Litem

Procedural Posture

Wardship and Hague Convention Child Abduction Proceedings / Costs Decision on Paper Disposal Following Judgment for Return of Child (decision on Costs Reserved)

Legal Issues

  1. 1 Whether to depart from the general practice of no order as to costs in child cases
  2. 2 Whether the mother’s conduct before and during proceedings was reprehensible or beyond the band of reasonable conduct so as to justify a costs order
  3. 3 Whether the mother’s non‑compliance with a court direction and contradictory/fabricated evidence justify full indemnity of the father’s costs

Ratio Decidendi

The mother’s conduct — abducting the child in breach of interim Shanghai arrangements, failing to comply with a specific court direction about a passport application, persisting in a factual case contradicted by contemporaneous documents, and giving materially inconsistent accounts to different courts — amounted to reprehensible and unreasonable conduct justifying departure from the general practice; accordingly the court ordered the mother to pay the father's costs of the wardship and Hague proceedings, to be taxed party and party if not agreed.

Court Disposition

Order made that the mother pay the father's costs of the wardship and Hague proceedings, including reserved costs, to be taxed on a party and party basis if not agreed; costs of the paper disposal treated as part of the overall costs and ordered accordingly (costs nisi)

Orders

  • The mother shall pay the father's costs of the wardship proceedings and the Hague Convention proceedings, including all reserved costs, to be taxed on a party and party basis if not agreed.
  • Costs incurred in relation to this paper disposal are part of the overall costs of the proceedings and a costs nisi is made accordingly.