Y v. M

Y v. M

Joint custody was ordered but primary care and control was granted to the father because the child was found to be settled in Hong Kong since December 2009, the disruption of removing him to Taiwan outweighed any advantages of relocation, the child expressed a preference to remain in Hong Kong and the social welfare officer recommended he stay; generous access including stay access in Taiwan to the mother was ordered and no order as to costs was made.

Citation
Y v. M
Parties
Plaintiff (father): Y; Defendant (mother): M; Minor: N
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2010
Case Number
HCMP695/2010
Procedural Posture
Guardianship/custody; Relocation Application / Decision Following Hearing and Reasons Handed Down
Outcome
Joint custody to both parents; care and control to the Plaintiff (father) with residence in Hong Kong; generous access to the Defendant (mother) including stay access in Taiwan; no order as to costs.
Legal Topics
Joint Custody, Care and Control, Access/visitation, Habitual Residence, Relocation
Source Language
EN
Family Law Child Custody International Child Abduction Joint Custody Care and Control Access/visitation Habitual Residence Relocation

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Parties

Y

Plaintiff (father)

M

Defendant (mother)

N

Minor

Procedural Posture

Guardianship/custody; Relocation Application / Decision Following Hearing and Reasons Handed Down

Legal Issues

  1. 1 Whether joint custody should be granted
  2. 2 Which parent should have care and control of the minor
  3. 3 Whether the child should be relocated to Taiwan

Ratio Decidendi

Joint custody was ordered but primary care and control was granted to the father because the child was found to be settled in Hong Kong since December 2009, the disruption of removing him to Taiwan outweighed any advantages of relocation, the child expressed a preference to remain in Hong Kong and the social welfare officer recommended he stay; generous access including stay access in Taiwan to the mother was ordered and no order as to costs was made.

Court Disposition

Joint custody to both parents; care and control to the Plaintiff (father) with residence in Hong Kong; generous access to the Defendant (mother) including stay access in Taiwan; no order as to costs.

Orders

  • Joint custody of the minor granted to both parents
  • Care and control of the minor granted to the Plaintiff (father) with the child to remain resident in Hong Kong