Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Grave risk of harm

  • 13 May 2022

    T v. L

    Citation
    [2022] HKCFI 1418
    Court
    Court of First Instance
    Case number
    HCMP376/2022

    Court found on the balance of probabilities that the United Kingdom was the child's habitual residence immediately before removal; the mother's removal on 7 March 2022 was wrongful because it breached the father's custody rights; there was insufficient evidence of the father's consent or subsequent acquiescence; the mother failed to establish a grave risk of harm or that return would be intolerable; the child's views were of limited weight given age and immaturity; accordingly the court ordered the child's return to the UK subject to the father's undertakings.

  • 16 Jun 2003

    T v. K

    Citation
    T v. K
    Court
    Court of First Instance
    Case number
    HCMP1671/2003

    P was habitually resident in Australia and the Father had custody rights; removal was wrongful. The Mother failed to prove either the high-threshold Article 13 defence of grave risk/intolerable situation or acquiescence; the Father did not acquiesce. Given the failure of defences, Article 12 requires the child’s return to Australia subject to the Father’s undertakings, which must be mirrored to the Australian Family Court.