Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 13 defences

  • 17 Oct 2023

    OM v. WX

    Citation
    [2023] HKCFI 2688
    Court
    Court of First Instance
    Case number
    HCMP1433/2023

    The Court approved the parties' mediated consent arrangement and ordered return because the child was habitually resident in Japan, the Father's custody rights under Japanese law were being exercised, the retention in Hong Kong was wrongful and less than one year had elapsed, and no Convention defence applied; the consent order was in the child's best interests.

  • 16 Jun 2003

    T v. K

    Citation
    T v. K
    Court
    Court of First Instance
    Case number
    HCMP1671/2003

    P was habitually resident in Australia and the Father had custody rights; removal was wrongful. The Mother failed to prove either the high-threshold Article 13 defence of grave risk/intolerable situation or acquiescence; the Father did not acquiesce. Given the failure of defences, Article 12 requires the child’s return to Australia subject to the Father’s undertakings, which must be mirrored to the Australian Family Court.