Read the full judgment text of CACV 98/2015 on BabelCite. This Court of Appeal judgment was delivered on 13 August 2015 before Hon Lam VP, Cheung and Kwan JJA.
Divorce Jurisdiction – Domicile – Substantial Connection – Hague Convention – Habitual Residence – Child's Objection – Retention – Appeal – Costs – Wife moved to Hong Kong with children under temporary agreement – Discovery of Husband's infidelity changed Wife's intention to reside indefinitely – Family Court found no jurisdiction and refused Hague return – Court of Appeal allowed Wife's appeal on jurisdiction finding substantial connection and change of domicile – Court of Appeal dismissed Husband's appeal on Hague Convention finding children habitually resident in Hong Kong and Child's Objection Defence established – Costs awarded to Wife.
Legal issues: Jurisdiction for divorce (Domicile and Substantial Connection) · Hague Convention (Habitual Residence, Retention and Child's Objection)
Outcome: Wife's appeal allowed (Jurisdiction established); Husband's appeal dismissed (Hague Convention application refused).
Cited by 1 case · Cites 2 cases