Hong Kong Case Law: Decisions & Judgments

Topic

Temporary removal of children

Legal area

Court

7 May 2024

T, RH v. K, CS

Citation

[2024] HKFC 100
Court

Family Court
Case number

FCMC8704/2023

Leave granted for the temporary removal of the two children to the USA (15 June–28 July 2024) and South Korea (29 July–8 August 2024) subject to conditions: mother to provide itinerary and accommodation details and updates, to give a written undertaking to return the children at the end of the trips, to facilitate father's daily remote video access on the children’s own devices between 7am–11pm HKT, and to facilitate one hour daily access in South Korea at the father's hotel or another agreed place between 1–8 August 2024; no order as to costs.
5 Jun 2018

JRMW v. NAV

Citation

[2018] HKFC 90
Court

Family Court
Case number

FCMC8504/2017

Balancing the children’s best interests against a real but not overwhelming risk of flight, the court allowed temporary removal for specified limited periods because the petitioner provided undertakings, produced a Hong Kong school place for L and offered to pay $100,000 into court as security; these conditions sufficiently mitigated flight risk to permit the summer travel.
20 Oct 2016

AAG v. JDC

Citation

AAG v. JDC
Court

Family Court
Case number

FCMC4022/2016

Leave granted: the court found the risk of non‑return negligible based on undertakings, detailed itinerary, school consent for limited absence, sister/brother undertaking to return children in emergency and the mother's proposals to mitigate security concerns; unsubstantiated allegations and lack of evidence about police complaints and third‑party risks meant refusal was not justified; requested bond was excessive and unnecessary; order made in terms of consent summons with additional undertakings and ancillary nesting swap; no order as to costs (order nisi).

Hong Kong Case Law

T, RH v. K, CS

JRMW v. NAV

AAG v. JDC