CHAK MEI YAN v. CHUN YAN LOI

CHAK MEI YAN v. CHUN YAN LOI

On the evidence (including the Social Welfare Officer’s report, medical certificate and examination of photographs and cross‑examination) the injuries were minor, the influenza was not caused by neglect, the plaintiff is fit and proper and it is in the best interests of the child that care and control be given to the mother; therefore custody awarded to the plaintiff.

Citation
CHAK MEI YAN v. CHUN YAN LOI
Parties
Plaintiff (mother): Chak Mei Yan; Defendant (father): Chun Yan Loi; Subject (minor): Chun Yag Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 1985
Case Number
HCMP314/1995
Procedural Posture
Wardship / Custody Proceedings / Final Judgment on Custody
Outcome
Care and control of the child awarded to the plaintiff (mother)
Legal Topics
Custody, Wardship, Social Welfare Report, Access Rights
Source Language
EN
Family Law Guardianship Child Custody Custody Wardship Social Welfare Report Access Rights

Case Brief

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Parties

Chak Mei Yan

Plaintiff (mother)

Chun Yan Loi

Defendant (father)

Chun Yag Chi

Subject (minor)

Procedural Posture

Wardship / Custody Proceedings / Final Judgment on Custody

Legal Issues

  1. 1 Who should have care and control of the minor
  2. 2 Whether the mother is fit and proper to have custody
  3. 3 Whether the father’s allegations of neglect and the mother’s prior registered marriage affect custody

Ratio Decidendi

On the evidence (including the Social Welfare Officer’s report, medical certificate and examination of photographs and cross‑examination) the injuries were minor, the influenza was not caused by neglect, the plaintiff is fit and proper and it is in the best interests of the child that care and control be given to the mother; therefore custody awarded to the plaintiff.

Court Disposition

Care and control of the child awarded to the plaintiff (mother)

Orders

  • Plaintiff to have care and control of the child.