Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child's objections
  • 13 May 2022

    T v. L

    Citation
    [2022] HKCFI 1418
    Court
    Court of First Instance
    Case number
    HCMP376/2022

    Court found on the balance of probabilities that the United Kingdom was the child's habitual residence immediately before removal; the mother's removal on 7 March 2022 was wrongful because it breached the father's custody rights; there was insufficient evidence of the father's consent or subsequent acquiescence; the mother failed to establish a grave risk of harm or that return would be intolerable; the child's views were of limited weight given age and immaturity; accordingly the court ordered the child's return to the UK subject to the father's undertakings.