Read the full judgment text of FCMC 009692/2006 on BabelCite. This Family Court judgment was delivered on 31 May 2007 before Deputy District Judge T Chan.
Matrimonial Causes – District Court – Forum non conveniens – Jurisdiction – Stay of proceedings – UCCJEA – Habitual residence – Children – American citizens – Petitioner wife (W) and Respondent husband (H) – Twin boys born in Cleveland, Ohio – W worked in Hong Kong 2005-2007 – Children stayed with W in Hong Kong – H commenced divorce in Ohio – W issued Petition for Divorce in Hong Kong August 2006 – H applied to dismiss or stay Hong Kong Petition on forum non conveniens grounds – Wardship and Hague Convention proceedings previously conducted in Hong Kong – Court of Appeal found Hong Kong was habitual residence of children – Court applied 3-stage test from Spiliada and Rambas Marketing – Found parties and children have significant connection with Ohio – Witnesses and documents available there – Ohio court indicated willingness to assume jurisdiction – Balance of convenience favors Ohio – No legitimate advantages lost by W – Stay granted – Order nisi no order as to costs
Legal issues: Stage 1: Forum non conveniens and jurisdiction · Jurisdiction under UCCJEA · Stage 3: Stay of proceedings
Outcome: Stay of proceedings in Hong Kong granted
Cited by 1 case · Cites 1 case