Q v. J AND ANOTHER

Q v. J AND ANOTHER

The court found that the mother's removal of the child during ongoing Shanghai proceedings and appeal, her non-compliance with a court direction concerning the child's passport application, her persistence in a factual case contradicted by contemporaneous documents, and her inconsistent statements to different...

Source-derived case information.

Citation
[2025] HKCFI 1730
Parties
Father; Applicant in HCMP 2563/2024 and 1st Respondent in HCMP 2721/2024: J; Mother; 1st Respondent in HCMP 2563/2024 and Applicant in HCMP 2721/2024: Q; Child; 2nd Respondent in Both Proceedings: K (the Minor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 May 2025
Case Number
HCMP2721/2024
Procedural Posture
Wardship and Hague Convention Child Abduction Proceedings / Costs Determination by Paper Disposal Following Judgment Ordering Return of the Child
Outcome
Mother ordered to pay father's costs of the wardship and Hague Convention proceedings; costs of paper disposal included; costs to be taxed on a party and party basis if not agreed.
Legal Topics
Costs Orders in Child Cases, Hague Convention Return Proceedings, Habitual Residence, Compliance With Court Directions, Misconduct in Litigation, Passport/application Fraud Allegation
Source Language
en
Family Law Child Abduction Civil Procedure Costs Guardianship Costs Orders in Child Cases Hague Convention Return Proceedings Habitual Residence +3 more

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Parties

J

Father; Applicant in HCMP 2563/2024 and 1st Respondent in HCMP 2721/2024

Q

Mother; 1st Respondent in HCMP 2563/2024 and Applicant in HCMP 2721/2024

K (the Minor)

Child; 2nd Respondent in Both Proceedings

Procedural Posture

Wardship and Hague Convention Child Abduction Proceedings / Costs Determination by Paper Disposal Following Judgment Ordering Return of the Child

Legal Issues

  1. 1 Whether to depart from the general practice of no order as to costs in child proceedings
  2. 2 Whether the mothers conduct amounted to exceptional circumstances justifying a costs order
  3. 3 Whether the mother should be ordered to pay the father's costs in full

Ratio Decidendi

The court found that the mother's removal of the child during ongoing Shanghai proceedings and appeal, her non-compliance with a court direction concerning the child's passport application, her persistence in a factual case contradicted by contemporaneous documents, and her inconsistent statements to different courts collectively amounted to reprehensible and unreasonable conduct falling within the exception to the general practice; accordingly the mother was ordered to 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.

Court Disposition

Mother ordered to pay father's costs of the wardship and Hague Convention proceedings; costs of paper disposal included; costs to be taxed on a party and party basis if not agreed.

Orders

  • The mother (Q) shall pay the father (J) his 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 and the father is to be given those costs (costs nisi)