Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 13(a) consent

  • 11 May 2020

    BMC v. BGC formerly known as WCY

    Citation
    [2020] HKCA 317
    Court
    Court of Appeal
    Case number
    CACV45/2020

    On the evidence the Court was not satisfied that by 8 October 2019 B’s residence in the USA had acquired the necessary degree of stability and integration to constitute a change of habitual residence from Hong Kong to the USA; therefore there was no wrongful retention under the Convention. Alternatively, the father’s signed Note constituted consent that M and B could return to Hong Kong whenever she wished, which would disentitle the father to a return order under Article 13(a).

  • 17 Jan 2020

    BMC v. BGC formerly known as WCY

    Citation
    [2020] HKCFI 222
    Court
    Court of First Instance
    Case number
    HCMP2284/2019

    The court found that the mother and child did not acquire the necessary degree of stability or integration in the USA by 8 October 2019; the mother's purpose in going to the USA on 30 June 2019 was temporary; therefore there was no wrongful retention under Article 3 and, alternatively, the 28 June 2019 Note evidenced consent under Article 13(a) so the return order was refused; the originating summons was dismissed.