Read the full judgment text of FCMC 010288/2004 on BabelCite. This Family Court judgment was delivered on 25 May 2007 before Deputy District Judge K. Levy.
Matrimonial causes – Stay of proceedings – Forum non conveniens – Spiliada principles – Custody and access – Financial matters – Legal aid – Dismissal of application – Costs – Whether US forum is clearly more appropriate than HK – No; HK is natural forum based on Decree Nisi and Consent Summons – Whether Husband deprived of legitimate advantage – Yes; loss of legal aid – Which forum serves interests of justice – HK; continuity and independent experts – Stay Application dismissed; Wife to pay costs
Legal issues: Appropriateness of alternative forum · Legitimate personal or juridical advantage · Interests of justice and all parties
Outcome: Stay Application dismissed