RE V. (INFANTS)

RE V. (INFANTS)

The welfare of the children is the first and paramount consideration; on the material before the Court there was no satisfied risk of harm in returning the children to Canada, the Ontario courts are better placed to decide custody, and therefore the Court would make the children wards and order their return to...

Source-derived case information.

Citation
RE V. (INFANTS)
Parties
Applicant/father: V. (father); Respondent/mother: V. (mother); Infant: N.; Infant: V.D.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 1979
Case Number
HCMP477/1979
Procedural Posture
Wardship / Custody (originating Summons) / Hearing in Chambers and Final Judgment on Originating Summons
Outcome
Originating summons granted; children made wards of the Court and ordered returned to Ontario, Canada.
Legal Topics
Welfare of the Child, Forum Conveniens, Enforcement of Foreign Custody Orders, Removal of Children/kidnapping, Jurisdiction
Source Language
en
Family Law Child Custody Conflict of Laws Wardship Immigration Welfare of the Child Forum Conveniens Enforcement of Foreign Custody Orders +2 more

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Parties

V. (father)

Applicant/father

V. (mother)

Respondent/mother

N.

Infant

V.D.

Infant

Procedural Posture

Wardship / Custody (originating Summons) / Hearing in Chambers and Final Judgment on Originating Summons

Legal Issues

  1. 1 Whether the children should be made wards of the Court and returned to Ontario
  2. 2 Whether the Supreme Court of Ontario is the forum conveniens
  3. 3 Whether the welfare of the children requires refusal or departure from the Ontario orders

Ratio Decidendi

The welfare of the children is the first and paramount consideration; on the material before the Court there was no satisfied risk of harm in returning the children to Canada, the Ontario courts are better placed to decide custody, and therefore the Court would make the children wards and order their return to Ontario despite the contested allegations and existence of an Ontario order.

Court Disposition

Originating summons granted; children made wards of the Court and ordered returned to Ontario, Canada.

Orders

  • Children be made wards of this Court pursuant to originating summons
  • Children to be returned to Ontario, Canada and wardship to terminate upon their return