Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Grave risk (article 13b)
  • 2 Sept 2013

    M v. T

    Citation
    M v. T
    Court
    Court of First Instance
    Case number
    HCMP1860/2013

    The court found the mother failed to establish acquiescence because the father's conduct lacked a clear and unequivocal acceptance of wrongful retention and his delay was explicable by attempts at reconciliation and practical constraints; the mother failed to establish a grave risk because the incidents alleged did not demonstrate direct or persistent risk to the child and proposed protective measures (accommodation arrangements, generous access, and the father's undertaking not to prosecute) sufficiently mitigated concerns; accordingly the child must be returned to the Netherlands with speci…