顧 對 阮

顧 對 阮

The judge concluded the applicant failed to demonstrate a reasonable prospect of success or other special reason under s.63A(2); the challenged factual findings and discretionary custody decision in the second judgment were not plainly wrong; omissions or alleged bias in the social worker's report were not shown to...

Source-derived case information.

Citation
顧 對 阮
Parties
Applicant (husband/father): 顧; Respondent (wife/mother): 阮
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2017
Case Number
FCMC2919/2014
Procedural Posture
Family Law Child Custody Variation / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Child Custody, Variation of Custody Orders, Leave to Appeal, Judicial Discretion, Social Worker Reports
Source Language
ch
Family Law Civil Procedure Appeal Child Custody Variation of Custody Orders Leave to Appeal Judicial Discretion Social Worker Reports

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Parties

顧

Applicant (husband/father)

阮

Respondent (wife/mother)

Procedural Posture

Family Law Child Custody Variation / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under Cap.336 s.63A(2)
  2. 2 Whether the trial judge made plainly wrong findings of fact
  3. 3 Whether the trial judge misdirected or improperly exercised discretion in custody decision

Ratio Decidendi

The judge concluded the applicant failed to demonstrate a reasonable prospect of success or other special reason under s.63A(2); the challenged factual findings and discretionary custody decision in the second judgment were not plainly wrong; omissions or alleged bias in the social worker's report were not shown to undermine the court's conclusions; therefore leave to appeal was refused.

Court Disposition

application for leave to appeal dismissed

Orders

  • Applicant's application for leave to appeal is dismissed
  • No order as to costs