Q v. J AND ANOTHER

Q v. J AND ANOTHER

On the evidence, including contemporaneous messages and the parties’ conduct, the court found the child had not lost habitual residence in Shanghai as of 3 August 2024; accordingly the Hague application failed. Alternatively, even if Japan were habitual residence the mother had consented under the conditional...

Source-derived case information.

Citation
[2025] HKCFI 632
Parties
Applicant in Hcmp2563/2024; 1st Respondent in Hcmp2721/2024: J; 1st Respondent in Hcmp2563/2024; Applicant in Hcmp2721/2024: Q; 2nd Respondent (the Minor) by Guardian Ad Litem Official Solicitor: K
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2025
Case Number
HCMP2721/2024
Procedural Posture
Wardship Proceedings and Hague Convention (child Abduction) Proceedings / Substantive Hearing and Final Judgment (orders Made)
Outcome
Mother’s Hague Convention application dismissed; mother’s wardship summons dismissed; father’s wardship originating summons granted — child ordered returned to Shanghai
Legal Topics
Habitual Residence, Hague Convention Articles 3, 12, 13, Consent and Acquiescence, Summary Return/wardship, Protective Measures and Medical Welfare
Source Language
en
Family Law International Child Abduction Guardianship Child Welfare Procedural Law Habitual Residence Hague Convention Articles 3,12,13 Consent and Acquiescence +2 more

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Parties

J

Applicant in Hcmp2563/2024; 1st Respondent in Hcmp2721/2024

Q

1st Respondent in Hcmp2563/2024; Applicant in Hcmp2721/2024

K

2nd Respondent (the Minor) by Guardian Ad Litem Official Solicitor

Procedural Posture

Wardship Proceedings and Hague Convention (child Abduction) Proceedings / Substantive Hearing and Final Judgment (orders Made)

Legal Issues

  1. 1 Whether the child’s habitual residence as of 3 August 2024 was Japan or Shanghai
  2. 2 Whether the mother’s removal of the child to Hong Kong was wrongful under the Hague Convention
  3. 3 Whether the father established defences under Article 13 (consent, acquiescence, grave risk)

Ratio Decidendi

On the evidence, including contemporaneous messages and the parties’ conduct, the court found the child had not lost habitual residence in Shanghai as of 3 August 2024; accordingly the Hague application failed. Alternatively, even if Japan were habitual residence the mother had consented under the conditional agreement. Under wardship (paramount welfare), a summary order for return to Shanghai was made as being in the child’s best interests, subject to detailed protective measures and medical supervision including preference for the mother to accompany the return.

Court Disposition

Mother’s Hague Convention application dismissed; mother’s wardship summons dismissed; father’s wardship originating summons granted — child ordered returned to Shanghai

Orders

  • Child to be returned to Shanghai on or before 25 February 2025
  • Mother to confirm in writing by 3:30 pm on 21 February 2025 whether she will accompany the child to Shanghai