M M v. R S

M M v. R S

Judge found Mother to be the primary carer, that her application was genuine and realistic, and that although the Father's opposition was genuine, the overall welfare of the children was best served by permitting relocation; accordingly awarded joint custody with sole care and control to Mother and granted leave to remove the children permanently to Seattle with specified access arrangements for Father.

Citation
M M v. R S
Parties
Petitioner (mother): M M; Respondent (father): R S
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
8 April 2011
Case Number
FCMC14226/2009
Procedural Posture
Matrimonial Causes / Judgment (relocation)
Outcome
Mother's application granted: joint custody; sole care and control to Mother; leave to permanently remove children to Seattle, USA; Father's application for care and control refused.
Legal Topics
Relocation, Custody, Care and Control, Access/contact, Welfare of the Child, Primary Carer Determination
Source Language
EN
Family Law Matrimonial Child Custody International Relocation Relocation Custody Care and Control Access/contact +2 more

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Parties

M M

Petitioner (mother)

R S

Respondent (father)

Procedural Posture

Matrimonial Causes / Judgment (relocation)

Legal Issues

  1. 1 Whether the Mother may permanently remove the two children from Hong Kong to Seattle, USA
  2. 2 Which parent should have custody and care and control of the children
  3. 3 What access/contact arrangements should be ordered if relocation permitted

Ratio Decidendi

Judge found Mother to be the primary carer, that her application was genuine and realistic, and that although the Father's opposition was genuine, the overall welfare of the children was best served by permitting relocation; accordingly awarded joint custody with sole care and control to Mother and granted leave to remove the children permanently to Seattle with specified access arrangements for Father.

Court Disposition

Mother's application granted: joint custody; sole care and control to Mother; leave to permanently remove children to Seattle, USA; Father's application for care and control refused.

Orders

  • Mother granted leave to remove the two children permanently to Seattle, Washington, USA
  • Joint custody awarded to both parents with sole care and control to the Mother