RK v. YS

RK v. YS

The court found the mother's application both genuine and realistic based on social investigation reports, the mother's primary carer role, available family support and financial/social benefits in Japan, and AK's clear wishes; the father’s objections did not demonstrate sufficient detriment to the children or reliable evidence of active alienation to outweigh the children's best interests. Therefore leave to remove the children permanently to Japan was granted with detailed access and ancillary directions.

Citation
RK v. YS
Parties
Petitioner / Applicant (father): RK; Respondent (mother): YS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
6 January 2015
Case Number
FCMP151/2008
Procedural Posture
Matrimonial and Guardianship Proceedings (relocation Application) / Judgment at First Instance (district Court, Consolidated)
Outcome
Leave granted for permanent removal of AK and KK to Japan; detailed access regime ordered; no order as to costs (order nisi)
Legal Topics
Relocation, Parental Alienation, Best Interests of the Child, Enforcement of Overseas Orders, Costs
Source Language
EN
Family Law Guardianship Child Custody and Access International Child Law Maintenance and Ancillary Relief Relocation Parental Alienation Best Interests of the Child +2 more

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Parties

RK

Petitioner / Applicant (father)

YS

Respondent (mother)

Procedural Posture

Matrimonial and Guardianship Proceedings (relocation Application) / Judgment at First Instance (district Court, Consolidated)

Legal Issues

  1. 1 Whether the mother's relocation application is genuine
  2. 2 Whether the relocation plan is realistic and practicable
  3. 3 Whether the mother has actively alienated the children from the father

Ratio Decidendi

The court found the mother's application both genuine and realistic based on social investigation reports, the mother's primary carer role, available family support and financial/social benefits in Japan, and AK's clear wishes; the father’s objections did not demonstrate sufficient detriment to the children or reliable evidence of active alienation to outweigh the children's best interests. Therefore leave to remove the children permanently to Japan was granted with detailed access and ancillary directions.

Court Disposition

Leave granted for permanent removal of AK and KK to Japan; detailed access regime ordered; no order as to costs (order nisi)

Orders

  • Mother granted leave to remove AK and KK permanently to Japan.
  • During school terms: father to have 2 weekend staying access per month in Japan; first weekend static and fixed on the 1st weekend of each month; second weekend to be the 3rd weekend of each month to be confirmed by the father 1 month in advance and mother to reply within 3 days.