16 Oct 2024
SECRETARY FOR JUSTICE (in his capacity as the Central Authority designated under the Child Abduction and Custody Ordinance, Cap. 512) v. C AND ANOTHER
- Citation
- [2024] HKCFI 2821
- Court
- Court of First Instance
- Case number
- HCMP1686/2024
The Child was habitually resident in Germany and his removal/retention was wrongful; although the Child expressed objection and is of sufficient age, the Court found his views were likely influenced by the Mother and not authentically his own; the Mother failed to prove on balance of probabilities a grave risk or intolerable situation arising from her uncertain residence status in Germany; Convention policy favouring prompt return and comity outweighs the objection; therefore the Court ordered immediate return of the Child to Germany by 23 October 2024.