Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent to removal

  • 23 Dec 2024

    TE v. LSY

    Citation
    [2024] HKCFI 3652
    Court
    Court of First Instance
    Case number
    HCMP2357/2024

    The mother failed to prove, on the balance of probabilities and by clear and cogent evidence, that the father either consented to or subsequently acquiesced in the child's permanent relocation to Hong Kong; the evidence relied upon was equivocal and capable of multiple interpretations; therefore the retention in Hong Kong was wrongful and a return order was mandated under the Convention.

  • 28 Dec 2023

    LCK v. CWL

    Citation
    [2023] HKCFI 3358
    Court
    Court of First Instance
    Case number
    HCMP469/2023

    Because the child returned voluntarily and the court made no order for return or access, Article 26 did not authorise a costs award as a matter of law; in any event, the parties resolved matters and to encourage cooperation the court made no order as to costs, with the applicant's own costs to be taxed under Legal Aid Regulations.