FCMP 69/2023

[2025] HKFC 93

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDNGS NO. 69 OF 2023

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D E C I S I O N

(Leave to Appeal)

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Background

1. The Applicant and the Respondent are respectively the father and mother of 2 children of the family born out of their marriage. Parties married in December 2007. The elder child, a daughter, was born in 2008. The younger child, a son, was born in 2012. Both children are holding Australian citizenship by descent. The Respondent is also a citizen of Australia.

Chronology

2. On 12 May 2023, the Applicant acting in person commenced these proceedings seeking reliefs under the Guardianship of Minors Ordinance, Cap.13 against the Respondent, inter alia, for :-

- Joint custody of the 2 children;

- Return of the 2 children to the jurisdiction of Hong Kong;

- Restraining the Respondent from leaving Hong Kong unless the 2 children are returned to Hong Kong;

- Restraining the Respondent from removing the 2 children out of Hong Kong

3. The Respondent instructed lawyers to represent her as she and the 2 children had already left Hong Kong for Australia on 6 April 2023.

4. On 12 May 2023 (Australian time), which was the day when these proceedings were commenced in Hong Kong, the Respondent started proceedings in the Federal Circuit Court of Australia, in Brisbane, under file number BRC5963/2023 seeking parenting orders and other reliefs.

5. At the hearing on 5 March 2024, upon hearing submissions from the parties on the latest position of the proceedings in Australia, I ordered that these proceedings be stayed pending the determination of the Hague Proceedings in Australia (File No.11845/2023) with liberty to restore.

6. At a directions hearing on 30 September 2024, the Applicant was ordered to file a Summons and an affirmation in support of his application to restore these proceedings within the next 7 days.

7. On 2 October 2024, the Applicant issued the Summons (“ Restore Summons ”) which read :-

“1. To restore these proceedings ;

2. Costs be served.”

8. The Restore Summons was scheduled for hearing on 18 November 2024.

9. On 14 November 2024, the Applicant issued a further Summons (“ November Summons ”) which read :-

“1. The Respondent do immediately return the child of specified minors to Hong Kong :-

(1) Txxxxx [son]

2. Joint Custody for the specified minors to the Father and the Mother :-

(1) Txxxxx [daughter]

(2) Txxxxx [son];

3. Cost be reserved.”

10. The November Summons was scheduled for hearing on 16 December 2024. For reasons unkno