TPL v. WYY formerly known as WYY

TPL v. WYY formerly known as WYY

Joint legal custody was ordered but care and control was awarded to the mother because the evidence established the mother as the primary carer, the status quo favoured the children’s welfare, both the social worker and the child psychologist recommended against transferring care and control, there was insufficient...

Source-derived case information.

Citation
TPL v. WYY formerly known as WYY
Parties
Petitioner (mother): TPL; Respondent (father): WYY
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
3 October 2012
Case Number
FCMC15332/2011
Procedural Posture
Matrimonial Causes Custody Dispute Arising From Divorce Proceedings / Trial Judgment (final Custody and Access Determination)
Outcome
Joint custody granted to parties; care and control awarded to the mother; detailed supervised and phased access to father; supervision order for 12 months; costs nisi order against father.
Legal Topics
Custody, Care and Control, Access/visitation, Parental Alienation, Best Interests of the Child, Costs Orders
Source Language
en
Family Law Child Custody Matrimonial Proceedings Custody Care and Control Access/visitation Parental Alienation Best Interests of the Child +1 more

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Parties

TPL

Petitioner (mother)

WYY

Respondent (father)

Procedural Posture

Matrimonial Causes Custody Dispute Arising From Divorce Proceedings / Trial Judgment (final Custody and Access Determination)

Legal Issues

  1. 1 Whether to order sole or joint custody
  2. 2 Which parent should have care and control
  3. 3 Appropriate access regime and supervision

Ratio Decidendi

Joint legal custody was ordered but care and control was awarded to the mother because the evidence established the mother as the primary carer, the status quo favoured the children’s welfare, both the social worker and the child psychologist recommended against transferring care and control, there was insufficient evidence of deliberate coaching/parental alienation by the mother, the father’s credibility was damaged by withholding material facts (girlfriend and pregnancy) from investigators, and a supervised, phased access regime with a 12‑month supervision order best safeguards the children’s welfare.

Court Disposition

Joint custody granted to parties; care and control awarded to the mother; detailed supervised and phased access to father; supervision order for 12 months; costs nisi order against father.

Orders

  • Joint custody of the children granted to both parties
  • Care and control of the children to the Mother