EW v. LP

EW v. LP

Court found on the balance of probabilities that the father held and was exercising joint rights of custody under Slovak law and that the mother's removal/retention of the child was wrongful; the father's protracted pre‑ and post‑proceedings delay together with his words and conduct amounted to acquiescence (or, alternatively, met the Re H exception) and undermined the objective of prompt return; independently, the mother established a grave risk that summary return would place the child in an intolerable psychological situation under Article 13(b); the father's late and unsigned undertakings and available protective measures were inadequate to allay that risk; applying the Convention and...

Citation
EW v. LP
Parties
Plaintiff: EW; Defendant: LP; Central Authority (observer): Hong Kong Secretary of Justice / Hong Kong Central Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 2013
Case Number
HCMP1605/2011
Procedural Posture
Hague Convention Child Abduction Return Application Under Child Abduction and Custody Ordinance Cap 512 / Judgment (order Nisi)
Outcome
Application for summary return dismissed; order nisi to be made absolute within 21 days; no order as to costs
Legal Topics
Hague Convention Return Proceedings, Rights of Custody, Consent and Acquiescence (art 13(a)), Grave Risk / Intolerable Situation (art 13(b)), Delay and Prosecutorial Diligence, Judicial Discretion Under Article 13
Source Language
EN
International Child Abduction Family Law Public International Law Immigration/visa Law Hague Convention Return Proceedings Rights of Custody Consent and Acquiescence (art 13(a)) Grave Risk / Intolerable Situation (art 13(b)) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 15 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

EW

Plaintiff

LP

Defendant

Hong Kong Secretary of Justice / Hong Kong Central Authority

Central Authority (observer)

Procedural Posture

Hague Convention Child Abduction Return Application Under Child Abduction and Custody Ordinance Cap 512 / Judgment (order Nisi)

Legal Issues

  1. 1 Whether the father held rights of custody under Slovak law and whether removal/retention was wrongful
  2. 2 Whether the father consented to or subsequently acquiesced in the removal/retention
  3. 3 Whether return would expose the child to grave risk of physical or psychological harm or place the child in an intolerable situation (Article 13(b))

Ratio Decidendi

Court found on the balance of probabilities that the father held and was exercising joint rights of custody under Slovak law and that the mother's removal/retention of the child was wrongful; the father's protracted pre‑ and post‑proceedings delay together with his words and conduct amounted to acquiescence (or, alternatively, met the Re H exception) and undermined the objective of prompt return; independently, the mother established a grave risk that summary return would place the child in an intolerable psychological situation under Article 13(b); the father's late and unsigned undertakings and available protective measures were inadequate to allay that risk; applying the Convention and...

Court Disposition

Application for summary return dismissed; order nisi to be made absolute within 21 days; no order as to costs

Orders

  • Application for summary return dismissed
  • Order nisi to be made absolute within 21 days