Read the full judgment text of FCMC 1135/2022 on BabelCite. This Family Court judgment was delivered on 22 August 2022 before Deputy District Judge J. Cheung.
Child abduction – Return order – Best interests of the child – Non-Convention country – Jurisdiction – Matrimonial Causes Ordinance – Matrimonial Proceedings and Property Ordinance – Hague Convention – SWTQ v WE also known as CWC – Application granted – Costs by paper disposal – Child habitually resided in Hong Kong – Father unilaterally took child to Taiwan – Court has jurisdiction under MCO s.48D(2) and MPO s.19(1) – Return in child's best interests – No grave risk of harm or child objection established – Child too young to object – Costs to be dealt with by paper disposal
Legal issues: Jurisdiction under non-Convention case · Best interests of the child · Defences to return order
Outcome: Application for Return and non-removal Order granted.
Cites 1 case