27 Aug 2015
JEK v. LCYP
- Citation
- JEK v. LCYP
- Court
- Court of Appeal
- Case number
- CACV125/2015
On the Hague Convention appeal the court concluded the children had, through nearly two years' full-time residence and social integration, acquired habitual residence in Hong Kong so the Convention did not apply; alternatively the judge properly found the children objected to return under Article 13 and it was within discretion to refuse return. On the jurisdiction appeal the court found the Wife had, by reason of the breakdown of the marriage and her conduct and intentions thereafter, formed the intention to reside in Hong Kong for an indefinite period and/or had a substantial connection wit…