As an international city, Hong Kong has more than its fair share of child removal applications through the Family Courts. Many of its citizens originate from overseas, from all over the world, but in recent years, particularly from Mainland China with whom Hong Kong has increasingly strong ties.
Child removal applications are always challenging, and it is for the court to decide whether moving a child from their place of habitual residence is going to be in their best interest. This is the paramount and central consideration in any removal application. How does the court decide what will be in the child's best interest and what if the parent with care and control cannot afford to stay in Hong Kong, or has an opportunity to work overseas? This article will consider to what extent a court will find such arguments persuasive, with reference to recent Hong Kong cases.