Really important question on custody rights

[ssheng]

penguinsix, it sounds like you know about this - out of curiosity, do you know what arguments have been successful in allowing the kid to go back to the UK/US with one parent when the other opposes it?

 

[ssheng]

I had a chat with someone knowledgeable on this and they said in the hypothetical, the father can't invoke the Hague Convention and force the child to stay in HK because he himself is not a HK citizen and is only in HK on a work visa that likely is renewed every year. Might be a slightly different issue if he's a permanent resident, but essentially if they got the kid their UK/US citizenship and they are likewise UK/US citizens, a HK court will not be compelled to insist the child stays in HK.