Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 15 declaration

  • 10 Sept 2021

    C v. R

    Citation
    [2021] HKCFI 2706
    Court
    Court of First Instance
    Case number
    HCMP1080/2021

    HD was habitually resident in Hong Kong immediately before removal; the father held and was exercising rights of custody (including interim access and ongoing proceedings for joint custody); the mother unilaterally removed HD to the UK without the father's consent or leave of the court, thereby breaching those custody rights within the meaning of Article 3; accordingly an Article 15 declaration was warranted and granted.

  • 2 Apr 2015

    M v. E

    Citation
    M v. E
    Court
    Court of First Instance
    Case number
    HCMP392/2015

    Court concluded Mother held rights of custody under the Brazilian Consent Order and Brazilian law immediately before the removal and at retention; Father’s unilateral removal and retention breached those rights and were wrongful; Father failed to prove acquiescence or that return would expose children to grave risk; accordingly ordered children returned to Brazil with Mother and granted ancillary relief (travel costs, release of passports, costs), with Mother's undertaking regarding non‑removal to Argentina included.

  • 22 Sept 2006

    K v. K

    Citation
    K v. K
    Court
    Court of First Instance
    Case number
    HCMP1815/2006

    On the evidence the child had lived with and been directed day-to-day by his father in the Mainland for several years, attending day schools there and sharing the father's settled abode; accordingly the child was habitually resident in the Mainland at the relevant time and an Article 15 declaration in respect of Hong Kong could not be made.