Read the full judgment text of CACV 204/2016 on BabelCite. This Court of Appeal judgment was delivered on 1 November 2017 before Lam VP, Chu JA, B Chu J.
Child custody – cross-border abduction – habitual residence – jurisdiction – discretion – best interests – Reciprocal Arrangement – enforcement – Petitioner (Father) appealed Family Judge's decision to adjourn final custody application sine die after Mother unilaterally took Child to Mainland. Court held Family Court had jurisdiction under MPPO and common law principles as Child was habitually resident in Hong Kong prior to removal. Family Judge erred in principle by adjourning indefinitely as not in Child's best interests. Court exercised discretion afresh to grant custody to Father subject to undertaking to provide accommodation for Mother. Mother ordered to deliver Child to Father within 28 days. Reciprocal Arrangement signed but not retrospective. No order as to costs.
Legal issues: Jurisdiction over child not in Hong Kong · Exercise of discretion to make final custody order · Orders regarding custody and return of child
Outcome: Appeal allowed; 15.10.15 Order set aside; Custody granted to Father
Cited by 4 cases · Cites 1 case