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Hong Kong decisions
Decisions matching the current search
The Court of First Instance ordered the return of a young child to Florida under the Hague Convention, finding US habitual residence and rejecting acquiescence and grave risk.
The District Court refused a father’s application for leave to appeal against a relocation order permitting the mother to move the children to Kelowna, Canada.
High Court ordered the return of two children to Australia under the Hague Convention, rejecting an Article 13(b) grave-risk defence based on the mother’s mental health.
The District Court held it had jurisdiction to hear a guardianship application under s. 8D(2)(b) of the GMO, and dismissed the respondent’s forum non conveniens challenge.
Two members of the Appeals Committee accepted the applicant's factual account that her absence was due to long‑term animal rescue work and that any stays outside the flat were temporary, yet proceeded to conclude she was not habitually resident without adequately considering that very accepted basis; that failure rendered their conclusion irrational and reviewable. The court quashed the Appeals Committee decision and remitted the matter to be reconsidered by a fresh three‑member panel.
Source excerpt
The Court of First Instance ordered the mother to pay the father’s costs after finding her conduct in the child abduction and related proceedings was reprehensible and unreasonable.
The Court of First Instance ordered the mother to pay the father’s costs in wardship and Hague child abduction proceedings, finding exceptional misconduct.
The court dismissed the mother’s Hague application, held the child remained habitually resident in Shanghai, and ordered the child’s return there with safeguards.
The court dismissed a Hague Convention application and ordered the child’s return to Shanghai, finding his habitual residence remained Shanghai and requiring protective measures.
The court ordered the child’s return to Italy, finding the mother had not proved the father consented to or acquiesced in permanent relocation to Hong Kong.
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