SG v. GDV

SG v. GDV

Relocation dismissed because on the holistic welfare balancing exercise the relocation was not in the children’s best interests: the father’s stated financial basis was disbelieved and he can provide for the children in Hong Kong; the relocation was motivated in part to exclude the mother; the mother is unlikely...

Source-derived case information.

Citation
[2023] HKFC 15
Parties
Petitioner (wife): SG; Respondent (husband): GDV
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
9 January 2023
Case Number
FCMC10217/2020
Procedural Posture
Matrimonial/relocation (district Court) / Judgment Final Determination on Relocation Application
Outcome
Relocation application dismissed
Legal Topics
Relocation, Best Interests of the Child, Parental Responsibility, Parental Alienation, Social Welfare Reports, Immigration Status
Source Language
en
Family Law Child Custody Immigration Law Guardianship Relocation Best Interests of the Child Parental Responsibility Parental Alienation +2 more

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Parties

SG

Petitioner (wife)

GDV

Respondent (husband)

Procedural Posture

Matrimonial/relocation (district Court) / Judgment Final Determination on Relocation Application

Legal Issues

  1. 1 Whether children can be adequately provided for in Hong Kong if relocation is refused
  2. 2 Whether mother will lose meaningful relationship with children if relocation allowed
  3. 3 Whether father having sole custody in the US would be in children’s best interests

Ratio Decidendi

Relocation dismissed because on the holistic welfare balancing exercise the relocation was not in the children’s best interests: the father’s stated financial basis was disbelieved and he can provide for the children in Hong Kong; the relocation was motivated in part to exclude the mother; the mother is unlikely realistically to obtain US residency or reliable access; psychological and social work evidence indicated risk of harm to the children’s relationship with the mother (and to P’s emotional security); and the tangible benefits of relocation did not outweigh the significant risk of severing maternal contact.

Court Disposition

Relocation application dismissed

Orders

  • Relocation application dismissed
  • No order as to costs (usual practice in children matters)