Child Abduction (Hague Convention)
Hague Convention child abduction lawyers in Hong Kong. Robert Lee Law handles return applications, wrongful removal cases, and cross-border custody disputes.
Our Child Abduction (Hague Convention) Services
Hague Convention Return Applications
- Preparing and presenting applications for the summary return of children under the Hague Convention
- Acting for left-behind parents seeking the prompt return of their children to the state of habitual residence
- Advising on the expedited court procedures applicable to Hague Convention cases in Hong Kong
- Coordinating with the Hong Kong Department of Justice acting as the Central Authority
Wrongful Removal and Retention
- Advising on whether a removal or retention constitutes a breach of rights of custody under the Convention
- Establishing that the child was habitually resident in another contracting state immediately before the wrongful act
- Presenting evidence of rights of custody arising by operation of law, court order, or agreement
- Addressing cases involving both wrongful removal from Hong Kong and wrongful retention in Hong Kong
Article 13 Defences
- Advising on and presenting defences to return applications, including consent and acquiescence
- Preparing evidence in support of the grave risk defence under Article 13(b)
- Addressing cases where a return would expose the child to physical or psychological harm
- Advising on the defence based on the child's own objections where the child has attained sufficient age and maturity
Habitual Residence and Rights of Custody
- Analysing the factual circumstances to determine the child's habitual residence
- Advising on the legal concept of rights of custody and how they are established under the Convention
- Addressing complex habitual residence disputes involving mobile international families
- Presenting expert evidence on foreign law where rights of custody are governed by an overseas legal system
Undertakings and Protective Measures
- Negotiating and drafting undertakings to address the practical arrangements for a child's return
- Securing protective measures to ensure the safety of the child and the accompanying parent upon return
- Advising on the enforceability of undertakings in the state of habitual residence
- Coordinating with overseas counsel to ensure that protective measures are mirrored in the receiving jurisdiction
Port Alerts and Mirror Orders
- Applying for port alerts to prevent the removal of a child from Hong Kong
- Seeking tipstaff orders and location orders where a child's whereabouts are unknown
- Obtaining mirror orders in foreign jurisdictions to ensure that Hong Kong arrangements are recognised abroad
- Coordinating with law enforcement and immigration authorities to prevent further wrongful removal
Our Approach
Immediate Response
Expert Knowledge of the Convention
Child-Focused Advocacy
Global Coordination
