5 Jun 2015
M v. E
- Citation
- M v. E
- Court
- Court of Appeal
- Case number
- CACV75/2015
The Consent Order (homologated by the Brazilian court) together with Brazilian law and the declaration of the Brazilian Central Authority conferred on the Mother rights of custody in the Convention sense including the right to determine the children's place of residence; the Father's unilateral removal to Hong Kong was wrongful; the Father failed to discharge the burden to prove acquiescence under Article 13(a) or that return would expose the children to a grave risk under Article 13(b); accordingly the return order was to be upheld and the appeal dismissed.