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Hong Kong Case Law

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Family law [2025] HKCA 805

CD v. HX

The Court of Appeal refused a stay of execution in Hague Convention return proceedings, finding the proposed CFA appeal unarguable and ordering party-to-party costs.

  • Hague convention article 13(b)
  • Grave risk exception
  • Child's views
  • Stay of execution
  • Leave to appeal to the court of final appeal (gpi)
  • Costs orders
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Family law [2025] HKCFI 1730

J v. Q AND ANOTHER

The Court of First Instance ordered the mother to pay the father’s costs after finding her conduct in the child abduction and related proceedings was reprehensible and unreasonable.

  • Costs orders in child cases
  • Hague convention 1980
  • Habitual residence
  • Non-compliance with court directions
  • Misrepresentation in proceedings
  • Child-abduction-costs
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Family law [2025] HKCFI 1730

Q v. J AND ANOTHER

The Court of First Instance ordered the mother to pay the father’s costs in wardship and Hague child abduction proceedings, finding exceptional misconduct.

  • Costs orders in child cases
  • Hague convention return proceedings
  • Habitual residence
  • Compliance with court directions
  • Misconduct in litigation
  • Passport/application fraud allegation
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Family law [2025] HKCFI 632

J v. Q AND ANOTHER

The court dismissed a Hague Convention application and ordered the child’s return to Shanghai, finding his habitual residence remained Shanghai and requiring protective measures.

  • Habitual residence
  • Consent and acquiescence (article 13)
  • Summary return
  • Protective measures
  • Welfare of the child
  • Burden and approach to affidavit evidence
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Guardianship of minors [2024] HKCFI 1773

WMB v. EIYL

The court granted the father parental rights under s. 3(1)(d) of the Guardianship of Minors Ordinance, made the child a ward, and ordered her return from Taiwan.

  • Section 3(1)(d) guardianship of minors ordinance
  • Ward of court
  • Interim joint custody
  • Substituted service by email
  • Order to return child and surrender of travel documents
  • Guardianship-of-minors
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Family law [2023] HKCFI 3358

LCK v. CWL

Child abduction proceedings were discontinued after the mother returned the child to Hong Kong. The court made no order as to costs and allowed the applicant’s costs to be taxed.

  • Hague convention
  • Article 26
  • Return of a child
  • Costs
  • Consent to removal
  • Wrongful retention
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Family law [2023] HKFC 253

NI v. TCHK

Costs decision in a child-return matter: the court found no material non-disclosure by the mother and no reprehensible or unreasonable conduct by the father.

  • Costs in child-related proceedings
  • Ex parte applications
  • Disclosure obligations
  • Relocation/child transfer
  • Hague convention article 26
  • Child-related-costs
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Family law [2022] HKCFI 2631

T v. A

The Court held that the return order required the mother to return the minor to Hong Kong by the stipulated deadline, and that sequestration is in principle available.

  • Sequestration
  • Return orders
  • Hague convention 1980
  • Construction of court orders
  • Three-stage contempt test
  • Jurisdiction to enforce return orders
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Family law [2021] HKCFI 1750

FR v. MF

The Court refused the respondent’s objection to publication of an anonymised Hague Convention judgment, holding that open justice justified release subject to further redaction requests.

  • Hague convention
  • Publication of judgments
  • Anonymity and redaction
  • Open justice
  • Open-justice
  • Family-law
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Family law [2021] HKCFI 1366

BGPB v. KSW

The Hong Kong Court of First Instance granted an anti-suit injunction restraining the mother from continuing Western Australian custody proceedings concerning the child AB.

  • Anti-suit injunction
  • Natural forum/forum conveniens
  • Habitual residence
  • Service of process
  • Wardship
  • Parental responsibility
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.