Assisted in a ground breaking case involving the removal of children from New York to Hong Kong. This Court of Appeal case changed the way the courts consider the concept of habitual residence in applications under the Hague Convention and also considered parental intention, the children’s objection defence and the concept of substantial connection in respect of whether the court had sufficient jurisdiction to proceed in Hong Kong. JEK v LCYP (Hague Convention; habitual residence) CACV125/2015 and LCYP v JEK (Jurisdiction for divorce: domicile and substantial connection) CACV98/2015.
Hong Kong SAR, 2016
Law Society of Hong Kong
The Hong Kong Family Law Association
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08 March 2018