Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Grave risk/intolerable situation
  • 17 Dec 2014

    LPQ v. LYW

    Citation
    LPQ v. LYW
    Court
    Court of First Instance
    Case number
    HCMP2831/2014

    The Father failed to discharge the burden of proving either that the Mother consented to the permanent removal of the Children or that return would expose them to a grave risk or an intolerable situation under article 13; contemporaneous conduct and communications supported the Mother's account; absent cogent evidence about Japanese law or an established risk, the Hong Kong court must order return to the country of habitual residence so that local courts can address welfare and custody issues; accordingly the application for return was allowed.