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Hong Kong decisions
Decisions matching the current search
Court of Appeal refused leave to appeal in a child wardship dispute, holding the Hong Kong proceedings duplicated advanced Australian proceedings and lacked merit.
Child abduction proceedings were discontinued after the mother returned the child to Hong Kong. The court made no order as to costs and allowed the applicant’s costs to be taxed.
The Court refused the respondent’s objection to publication of an anonymised Hague Convention judgment, holding that open justice justified release subject to further redaction requests.
The Court of First Instance dismissed ICBC’s appeal, holding that an asymmetric jurisdiction clause was not a ‘choice of Hong Kong court agreement’ under Cap 597.
The court varied a stop order to allow two children to travel to Denmark for limited summer periods, subject to undertakings, habitual residence acknowledgment, and HK$100,000 security.
The court refused leave to appeal and a stay after a relocation judgment, finding no reasonable prospect of success and rejecting fresh evidence and access-enforcement arguments.
Interim joint custody was granted, with interim care and control to the father, while the mother was given reasonable access by telephone and Skype.
The Court of Appeal allowed an appeal and granted leave for a defendant to give evidence by video link from Germany because travel would be life-threatening.
The court stayed Hong Kong divorce proceedings in favour of Ohio, finding Cuyahoga County Court was the clearly more appropriate forum and had jurisdiction under the UCCJEA.
The Court of Appeal held the twins were habitually resident in Hong Kong under the parents’ agreement and that the mother’s custody application was not wrongful retention.
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