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Hong Kong decisions
Decisions matching the current search
Child abduction proceedings were discontinued after the mother returned the child to Hong Kong. The court made no order as to costs and allowed the applicant’s costs to be taxed.
High Court ordered the children returned to France under the Hague Convention, finding habitual residence in France, wrongful retention in Hong Kong, and no grave risk.
The Court of Appeal dismissed a Hague Convention appeal, holding the child had not acquired habitual residence in the USA and that the father’s note supported consent.
Court of First Instance dismissed a Hague Convention return application, finding the child’s habitual residence remained Hong Kong and no wrongful retention was proved.
Hague Convention child abduction case refusing return to Australia after finding wrongful retention, settlement in Hong Kong, and discretionary refusal.
The Court of First Instance held that EMB was habitually resident in the UK and that the mother’s retention of her in Hong Kong was wrongful under Article 3 of the Hague Convention.
The court held the child’s habitual residence remained Hong Kong and refused the father’s Hague Convention return application.
The Court of Appeal allowed the wife’s jurisdiction appeal and dismissed the husband’s Hague Convention appeal, holding the children were habitually resident in Hong Kong or, alternatively, their objection to return was made out.
Court of Appeal allowed the wife’s jurisdiction appeal and dismissed the husband’s Hague Convention appeal, finding Hong Kong jurisdiction and no return order.
涉《海牙公约》的儿童返还申请中，法院认定孩子原属新泽西惯常居所，母亲的宣誓书构成留置，但因孩子明确反对返回，最终拒绝立即返还。
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