The applicant father sought the return of his two sons to Hong Kong under the Hague Convention on the Civil Aspects of International Child Abduction.
The respondent mother contested, raising the Article 13(b) defense of grave risk of harm and an intolerable situation due to alleged spousal abuse and uncertain immigration status.
The court found that the mother did not meet the high threshold for the grave risk defense, noting no evidence of physical or psychological abuse of the children and that Hong Kong courts could address family law issues.
The court ordered the children's forthwith return to Hong Kong, subject to several undertakings by the father to ensure the mother and children's safe return and stability.
