3 Jun 2021
FR v. MF
- Citation
- [2021] HKCFI 1557
- Court
- Court of First Instance
- Case number
- HCMP532/2021
The court found on the balance of probabilities that the children were habitually resident in France immediately prior to retention, the mother's unilateral retention on 17 February 2021 was wrongful under Article 3, the grave risk exception under Article 13(b) was not made out, the gateway for the children's objections was satisfied but, exercising its discretion and balancing best interests, the court ordered return to France subject to specified protective measures and undertakings; return to occur within 28 days.