BMC v BGC [2020] HKEC 372
Habitual Residence – Art. 3 Though a child can acquire ?habitual residence” within a very short time, it is really the quality of the child’s residence which is relevant. In the present case, there was no sufficient evidence that there was sufficient degree of integration by either the mother or the child in a social […]
M v. E [2015] HKCA 252
LPQ v LYW [2014] HKCU 2976
The case concerned two children, born in 2008 and 2013 to married parents. The mother held a Chinese mainland passport and was working in Japan. The father held a Hong Kong passport and operated a procurement business, on a part-time basis, between Hong Kong and Japan. In April 2008, the father moved to Japan under […]
EW v. LP, HCMP1605/2011, 31 January 2013
A.C. v. P.C. [2004] HKMP 1238
Settlement of the Child – Art. 12(2) It was argued for the mother that the 12 month time limit prescribed in Article 12 should only be regarded as having commenced from the time the children were discovered, consequently Article 12(2) and the issue of settlement would have no application. In this reliance was put on […]
D. v. G. [2001] 1179 HKCU 1
The child, a girl, was aged 8 1/2 at the date of the alleged wrongful removal. Her English father and Swiss mother were divorced. The child had lived initially in Hong Kong but then moved to Switzerland with her mother in August 2000 after a final custody order was made. That order of the Family […]
Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
Habitual Residence – Art. 3 Habitual residence is a question of fact to be decided by reference to all the circumstances of the case. A habitual residence is established by residing in a place for an appreciable period of time with a settled intention. A child’s habitual residence is tied to the habitual residence of […]
Croll v. Croll, 229 F.3d 133 (2d Cir. September 20, 2000 cert. den. Oct. 9, 2001)
The child, a girl, was approximately 9 at the date of the alleged wrongful removal. She had lived in Hong Kong all of her life. The parents were divorced. The mother had sole custody of the child and the father had rights of access. A custody decree barred the unilateral removal of the child from […]
