20 Feb 2025
Q v. J AND ANOTHER
- Citation
- [2025] HKCFI 632
- Court
- Court of First Instance
- Case number
- HCMP2721/2024
On the evidence, including contemporaneous messages and the parties’ conduct, the court found the child had not lost habitual residence in Shanghai as of 3 August 2024; accordingly the Hague application failed. Alternatively, even if Japan were habitual residence the mother had consented under the conditional agreement. Under wardship (paramount welfare), a summary order for return to Shanghai was made as being in the child’s best interests, subject to detailed protective measures and medical supervision including preference for the mother to accompany the return.