LEYY v. UKWK

LEYY v. UKWK

On the balance of probabilities the father's allegations of physical and mental abuse by the mother, T and M were not proven; as the child's welfare requires prompt, uninterrupted specialised therapy and restoration of the maternal relationship, sole custody and care and control were granted to the mother, immediate...

Source-derived case information.

Citation
[2020] HKFC 68
Parties
Petitioner (mother): LEYY; Respondent (father): UKWK
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
19 March 2020
Case Number
FCMC1393/2015
Procedural Posture
Matrimonial Causes Child Custody / Judgment (fact Finding and Final Orders)
Outcome
Petition granted in part: sole custody and care and control awarded to Petitioner mother; immediate change of residence ordered; access by Respondent temporarily suspended pending review
Legal Topics
Fact Finding, Custody, Care and Control, Access/supervision, Change of Residence, Parental Alienation, Therapy and Rehabilitation, Costs, Penal Notice
Source Language
en
Family Law Child Welfare Custody and Access Psychological/therapeutic Intervention Fact Finding Custody Care and Control Access/supervision +5 more

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Parties

LEYY

Petitioner (mother)

UKWK

Respondent (father)

Procedural Posture

Matrimonial Causes Child Custody / Judgment (fact Finding and Final Orders)

Legal Issues

  1. 1 Whether the mother, her partner T and T's brother M physically or mentally abused the child (fact finding)
  2. 2 Whether the court should vary custody, care and control and order an immediate change of residence
  3. 3 Whether the father's access should be suspended, supervised or restored and on what conditions

Ratio Decidendi

On the balance of probabilities the father's allegations of physical and mental abuse by the mother, T and M were not proven; as the child's welfare requires prompt, uninterrupted specialised therapy and restoration of the maternal relationship, sole custody and care and control were granted to the mother, immediate change of residence ordered, father's access temporarily suspended pending therapy and review; penal notice endorsed and costs reserved.

Court Disposition

Petition granted in part: sole custody and care and control awarded to Petitioner mother; immediate change of residence ordered; access by Respondent temporarily suspended pending review

Orders

  • Order 1 of the court order dated 20 April 2015 varied: sole custody and care and control of A (born March 2012) granted to Petitioner mother with immediate effect
  • Immediate change of residence ordered; A to be handed over to Petitioner mother with assistance of the Social Welfare Department on a date determined by the court