P v. C

P v. C

The court found sufficient past actual bodily harm and ongoing harassment to justify replacing the undertakings with a formal non-molestation injunction against the husband; the husband was ordered excluded from the matrimonial home for three months (with seven days to vacate) because he could reasonably obtain...

Source-derived case information.

Citation
P v. C
Parties
Petitioner (wife): P; Respondent (husband): C
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
26 September 2006
Case Number
FCMC9655/2005
Procedural Posture
Matrimonial Domestic Violence (non‑molestation/ouster) and Interim Custody / Judgment on Interim Relief and Directions Pending Custody Trial
Outcome
Non-molestation order granted against Respondent; Respondent ousted from matrimonial home for three months with a seven day vacate period; power of arrest and penal notice attached; Madam C not ousted; costs to Petitioner to be taxed under Legal Aid regulations; custody matters and supervised access arrangements to...
Legal Topics
Non Molestation Order, Ouster Order, Power of Arrest, Interim Custody and Access, Legal Aid, Domestic Violence Ordinance (cap 189)
Source Language
en
Family Law Domestic Violence Child Custody Housing/public Housing Civil Procedure Non Molestation Order Ouster Order Power of Arrest +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

P

Petitioner (wife)

C

Respondent (husband)

Procedural Posture

Matrimonial Domestic Violence (non‑molestation/ouster) and Interim Custody / Judgment on Interim Relief and Directions Pending Custody Trial

Legal Issues

  1. 1 Whether to replace existing mutual non-molestation undertakings with a court non-molestation order
  2. 2 Whether the respondent's mother (Madam C) can be ousted from the matrimonial home
  3. 3 Whether the respondent husband should be ousted from the matrimonial home

Ratio Decidendi

The court found sufficient past actual bodily harm and ongoing harassment to justify replacing the undertakings with a formal non-molestation injunction against the husband; the husband was ordered excluded from the matrimonial home for three months (with seven days to vacate) because he could reasonably obtain alternative accommodation, Madam C could not legally be ousted under current Hong Kong law, and a power of arrest and penal notice were attached to the injunction; costs awarded to the petitioner to be taxed under Legal Aid regulations.

Court Disposition

Non-molestation order granted against Respondent; Respondent ousted from matrimonial home for three months with a seven day vacate period; power of arrest and penal notice attached; Madam C not ousted; costs to Petitioner to be taxed under Legal Aid regulations; custody matters and supervised access arrangements to...

Orders

  • Previous mutual non-molestation undertakings discharged
  • Non-molestation injunction granted restraining the Respondent from molesting the Petitioner and any child living with her