1 Aug 2019
LCH v. JMC
- Citation
- [2019] HKCFI 1894
- Court
- Court of First Instance
- Case number
- HCMP678/2019
On the facts the child's habitual residence remained Hong Kong because the removal to Canada was surreptitious and there was insufficient integration into Canada; the Mother failed to show Canada was clearly more appropriate under the forum non conveniens test; the stay was dismissed and, applying the welfare principle and In re J guidance, the Court ordered CJH's forthwith return to Hong Kong subject to interim practical arrangements and financial undertakings because return was in the child's best interests and Hong Kong remained her home country.