Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rights of custody vs access
  • 2 Apr 2015

    M v. E

    Citation
    M v. E
    Court
    Court of First Instance
    Case number
    HCMP392/2015

    Court concluded Mother held rights of custody under the Brazilian Consent Order and Brazilian law immediately before the removal and at retention; Father’s unilateral removal and retention breached those rights and were wrongful; Father failed to prove acquiescence or that return would expose children to grave risk; accordingly ordered children returned to Brazil with Mother and granted ancillary relief (travel costs, release of passports, costs), with Mother's undertaking regarding non‑removal to Argentina included.