23 Oct 1998
N v. O
- Citation
- N v. O
- Court
- Court of First Instance
- Case number
- HCMP4204/1998
The court found the child was not habitually resident in Luxembourg immediately before the alleged mid‑July retention because the mother had effectively settled the child first in the United States (recognised by Luxembourg interim orders) and then Hong Kong; therefore mandatory return under the Hague Convention failed and, exercising its discretion in the child’s best interests, the court declined to order return, retained wardship and directed custody proceedings in Hong Kong.
- Habitual residence
- Wrongful retention
- Child welfare paramountcy
- Discretionary jurisdiction
- Forum conveniens
- Comity