F v. K

F v. K

On the facts the court awarded custody of the boy S to his father and custody of the three daughters P, J and B to their mother because this arrangement best served the children's welfare given their settled living arrangements, the expressed wishes of the children and the special circumstances of the family; neither parent was found unfit and general gender presumptions were not applied as binding rules.

Citation
F v. K
Parties
Husband: K; Wife: F
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 1976
Case Number
HCMP41/1976
Procedural Posture
Guardianship of Minors Custody Application Under S.11(1) Guardianship of Minors Ordinance Cap.13 / Judgment (high Court, Original Jurisdiction)
Outcome
Custody orders made: S to father K; P, J and B to mother F; reasonable access to be afforded to the non‑custodial parent. Husband ordered to pay 75% of wife's costs. Liberty to apply on maintenance; general liberty to apply.
Legal Topics
Custody Allocation, Access/visitation, Child Welfare Principle, Children's Wishes, Maintenance Orders, Costs Allocation
Source Language
EN
Family Law Guardianship Child Custody Maintenance Costs Custody Allocation Access/visitation Child Welfare Principle +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

K

Husband

F

Wife

Procedural Posture

Guardianship of Minors Custody Application Under S.11(1) Guardianship of Minors Ordinance Cap.13 / Judgment (high Court, Original Jurisdiction)

Legal Issues

  1. 1 Which parent should have custody of the four children under s.11(1) of the Guardianship of Minors Ordinance
  2. 2 Weight to be given to the children's wishes
  3. 3 Whether either parent is unfit or unimpeachable

Ratio Decidendi

On the facts the court awarded custody of the boy S to his father and custody of the three daughters P, J and B to their mother because this arrangement best served the children's welfare given their settled living arrangements, the expressed wishes of the children and the special circumstances of the family; neither parent was found unfit and general gender presumptions were not applied as binding rules.

Court Disposition

Custody orders made: S to father K; P, J and B to mother F; reasonable access to be afforded to the non‑custodial parent. Husband ordered to pay 75% of wife's costs. Liberty to apply on maintenance; general liberty to apply.

Orders

  • Custody of S awarded to father K with reasonable access to mother F
  • Custody of P, J and B awarded to mother F with reasonable access to father K