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Hong Kong Case Law

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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 [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 [2022] HKFC 177

SWTQ v. WE also known as CWC

The Family Court ordered the child’s return to Hong Kong and made a non-removal order, holding that no grave risk or valid objection to return was shown.

  • Return order
  • Non-removal order
  • Habitual residence
  • Best interests of the child
  • Grave risk defence
  • Child objection
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Adoption law [2021] HKCFI 2699

M (A minor) by his next friend ASP v. WP AND OTHERS

The Court of First Instance granted leave for a proposed adoptive father to make adoption arrangements for a 16-year-old minor, finding the child remained resident in Hong Kong.

  • Section 23a adoption ordinance
  • Residence/habitual residence
  • Best interests of the child
  • Suitability assessment
  • Private adoption procedure
  • Breach of adoption procedure
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Family law [2021] HKCFI 1401

AA v. BB

The Court granted joint custody and care and control of two children to a same-sex couple, appointed the respondent guardian, and ordered the children cease to be wards.

  • Best interests of the child
  • Parental rights
  • Inherent jurisdiction
  • Testamentary guardianship
  • Same-sex parenting
  • Best-interests-of-the-child
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Family law [2021] HKCFI 402

Mrs B AND ANOTHER v. FRC AND ANOTHER

The Court granted leave for Mr and Mrs B to arrange C’s adoption, finding it in her best interests, and approved their undertaking to pay the defendants’ hearing costs.

  • Section 23a adoption ordinance
  • Welfare/best interests test
  • Child's consent and views
  • Inherent jurisdiction/wardship
  • Court approval of costs undertaking
  • Adoption
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Family law [2018] HKCFI 717

DCB v. AB

The court dismissed the father’s bid to reduce interim maintenance and ordered him to pay outstanding school fees, holding his undertaking remained binding and enforceable.

  • Interim maintenance
  • Variation of order
  • Enforcement of undertaking
  • School fees
  • Relocation application
  • Interim-maintenance
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Family law TC formerly known as TSWC v. KCTC

TC formerly known as TSWC v. KCTC

Wardship costs decision in which the court held the Mother liable for costs after 30 June 2011, but made no order as to earlier costs.

  • Wardship jurisdiction
  • Costs in children cases
  • Official solicitor costs
  • Child welfare
  • Privacy/gag order
  • Withdrawal of proceedings
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Family law D v. W

D v. W

Interim wardship ruling regulating residence and access for three children between 24 May and 10 June 2002, with undertakings accepted from both parents.

  • Child custody
  • Access/visitation
  • Interim arrangements
  • Parental undertakings
  • Residence
  • Child-custody
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International child abduction N v. O

N v. O

The court refused a Hague Convention return order, finding the child was no longer habitually resident in Luxembourg and that custody should be determined in Hong Kong.

  • Habitual residence
  • Wrongful retention
  • Child welfare paramountcy
  • Discretionary jurisdiction
  • Forum conveniens
  • Comity
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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.