29 Nov 2019
HK v. OTM
- Citation
- [2019] HKFC 310
- Court
- Family Court
- Case number
- FCMC3332/2019
Hong Kong has prima facie jurisdiction by habitual residence; the Moroccan religious marriage can be declared void ab initio because a prior valid French civil marriage subsists; on the forum non conveniens test Hong Kong is clearly and distinctly the more appropriate forum given the parties' substantial matrimonial life in Hong Kong and elsewhere outside Morocco, the children's habitual residence in Hong Kong and the material juridical disadvantages the wife would suffer in Morocco (notably lack of asset redistribution and procedural protections); therefore the husband's stay application is…