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).