Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 13(1)(b) grave risk
  • 19 May 2017

    YYW v. HWW

    Citation
    YYW v. HWW
    Court
    Court of First Instance
    Case number
    HCMP409/2017

    Court found Father had rights of custody under Korean law and the Children were habitually resident in Korea at removal, making the removal wrongful, but on the balance of evidence the Father by prolonged silence, failure to pursue immediate remedies and conduct would have led the Mother to believe he acquiesced in the Children remaining in Hong Kong; additionally the SWO found the Children, particularly the son, objected to return and the grave risk asserted by the Mother was not proven to the requisite degree and could be addressed by protective measures; exercising the court's discretion t…