C v. R
法院裁定幼童HD自香港被母亲带往英国属错误移走,并应父亲申请作出《海牙公约》第15条声明。
- Habitual residence
- Wrongful removal
- Article 15 declaration
- Interim access
- Parental rights
- Habitual-residence
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法院裁定幼童HD自香港被母亲带往英国属错误移走,并应父亲申请作出《海牙公约》第15条声明。
Hong Kong Court of Appeal held the twins were habitually resident in Hong Kong under an express parental agreement, and the mother’s custody filing was not wrongful retention.
The court ordered the mother to return the child to the father’s custody, applying welfare and habitual-residence principles and rejecting the mother’s reliance on the child’s wishes.
The court refused an Article 15 Hague Convention declaration, holding that the child was habitually resident in the Mainland, not Hong Kong, at the relevant time.
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