Read the full judgment text of FCMC 10722/2020 on BabelCite. This Family Court judgment was delivered on 27 September 2023 before Her Honour Judge Thelma Kwan.
Matrimonial Causes – Stay of Proceedings – Forum Non Conveniens – Service of Process – Habitual Residence – Child Custody – Expert Opinion – Hague Convention – Decree Nisi – Costs – Application by Respondent Husband for stay of Petitioner Wife’s divorce petition on grounds of forum non conveniens, arguing Germany is more appropriate forum – Court held service of divorce petition valid under Hague Convention – Expert opinion by Respondent’s counsel deemed lacking independence – Petitioner did not submit to German jurisdiction via custody application – Child habitually resident in Hong Kong – Hong Kong court better suited to determine child’s best interests – Application dismissed – Costs to Petitioner
Legal issues: Service of Hong Kong Proceedings · Weight to be attached to Expert Opinions · Submission to Jurisdiction in Germany · Forum Non Conveniens
Outcome: Respondent’s Summons for stay of proceedings dismissed; Petitioner’s divorce proceedings to continue in Hong Kong.
Cited by 1 case · Cites 4 cases