Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child abduction risk

  • 2 Apr 2024

    黎 對 凌

    Citation
    [2024] HKFC 63
    Court
    Family Court
    Case number
    FCMC17193/2014

    The judge correctly applied s63A Cap.336 and concluded the father had no reasonable prospect of success nor other reasons of fairness to justify permission to appeal because the mother had re-established the child's life in Hong Kong with social services' involvement, the child attended school locally, the abduction risk was low, and available cross-border enforcement reduced the need to refuse short travel; accordingly the father's permission-to-appeal application was dismissed and costs awarded to the mother.

  • 17 Oct 2019

    Z v. X

    Citation
    [2019] HKCFI 2627
    Court
    Court of First Instance
    Case number
    HCMP1731/2019

    The father's undertakings and proposed safeguards were demonstrably inadequate and unenforceable, the evidence showed a real risk of violence and that the father had influenced Mainland authorities resulting in the mother's detention, and practical enforcement against Mainland China is unreliable; accordingly the risk of non-return and harm to the children outweighed any benefit of the trip and the application to remove the children was refused.