FYMB v. CCH

FYMB v. CCH

Applying the Guardianship of Minors Ordinance and the Payne guidance, the court found the Mother's relocation plan genuine and realistic, the Father's opposition genuine but the detriment finely balanced, and the Social Welfare Officer’s reports and the child's expressed mature wish decisive. It was therefore in the child's best interests to permit permanent relocation to Canada with the Mother as sole carer, subject to ordered access arrangements and financial provision; relocation deferred until no earlier than 28 December 2020 to minimize disruption and allow immigration processing.

Citation
[2020] HKFC 210
Parties
Petitioner (mother): FYMB; Respondent (father): CCH
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2020
Case Number
FCMC9300/2012
Procedural Posture
Matrimonial Child Relocation/care and Control Variation / Trial and Judgment (relocation Application Heard; Judgment Delivered 14 October 2020)
Outcome
Application granted: leave given for permanent removal of the child to reside in Canada; ancillary orders varied and imposed as set out below.
Legal Topics
Relocation, Care and Control, Access/contact, Child's Welfare and Wishes, Financial Support/maintenance, Mirror Order, Social Welfare Report
Source Language
EN
Family Law Child Custody Child Relocation International/immigration Law Maintenance Relocation Care and Control Access/contact +4 more

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Parties

FYMB

Petitioner (mother)

CCH

Respondent (father)

Procedural Posture

Matrimonial Child Relocation/care and Control Variation / Trial and Judgment (relocation Application Heard; Judgment Delivered 14 October 2020)

Legal Issues

  1. 1 Whether leave should be given for the child to permanently relocate to Canada
  2. 2 Whether care and control orders should be varied to grant sole care and control to the Mother
  3. 3 Appropriate access/contact arrangements including frequency, funding and location

Ratio Decidendi

Applying the Guardianship of Minors Ordinance and the Payne guidance, the court found the Mother's relocation plan genuine and realistic, the Father's opposition genuine but the detriment finely balanced, and the Social Welfare Officer’s reports and the child's expressed mature wish decisive. It was therefore in the child's best interests to permit permanent relocation to Canada with the Mother as sole carer, subject to ordered access arrangements and financial provision; relocation deferred until no earlier than 28 December 2020 to minimize disruption and allow immigration processing.

Court Disposition

Application granted: leave given for permanent removal of the child to reside in Canada; ancillary orders varied and imposed as set out below.

Orders

  • Mother granted leave to remove C permanently to Canada no earlier than 28 December 2020
  • 2013 and 2015 consent orders varied: Mother granted sole care and control of C; Father granted reasonable daily remote access