27 Aug 2015
LCYP v. JEK
- Citation
- LCYP v. JEK
- Court
- Court of Appeal
- Case number
- CACV98/2015
On the Hague Convention appeal the Court concluded the children had, on the facts, become habitually resident in Hong Kong and therefore the Convention did not apply; alternatively, even if habitual residence remained in New Jersey, the court found wrongful retention and that the children, being of sufficient age and maturity, objected to return under Article 13 such that the Court properly exercised its discretion to refuse return. On the jurisdiction appeal the Court found the Wife had by April 2014 formed the requisite intention and/or sufficient substantial connection with Hong Kong so th…