9 Aug 2018
RS v. BK also known as MBK
- Citation
- [2018] HKCFI 1814
- Court
- Court of First Instance
- Case number
- HCMP796/2018
The court found on the balance of probabilities that the father retained rights of custody immediately before removal and the mother's removal of the child to Hong Kong was wrongful under Article 3. The mother failed to prove consent by the father or that the Article 13(1)(b) grave risk exception applied. Although the child objected to return and had sufficient maturity (Article 13(2) gateway established), the court exercised its discretion to order return because the child's best interests and available protective measures favored return; accordingly the child was ordered returned to Singapo…