LDL also known as L, DS v. F, S

LDL also known as L, DS v. F, S

Applying the paramount welfare principle and the Payne/SMM framework, the court found the children were settled in Hong Kong, expressed a clear wish to remain, and benefited from stability, schooling and family life there; the mother’s proposals were uncertain and linked to further relocation to Europe, risking repeated uprooting; the Social Welfare Officer’s recommendation and the children’s wishes carried substantive weight; accordingly returning the children to the Philippines was not in their best interests and the relocation application was dismissed, with care and control to the father and existing safeguards maintained.

Citation
[2023] HKFC 227
Parties
Applicant (mother): LDL; Respondent (father): F
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
15 November 2023
Case Number
FCMP226/2021
Procedural Posture
Guardianship / Child Relocation / Judgment (district Court)
Outcome
Relocation application dismissed; care and control granted to the father; defined access and non-removal orders maintained; no order as to costs (certificate for counsel); costs nisi to be made absolute in 14 days
Legal Topics
Relocation Application, Guardianship of Minors, Non Removal Order, Child Welfare Checklist, Access/visitation
Source Language
EN
Family Law Child Custody International Relocation Relocation Application Guardianship of Minors Non Removal Order Child Welfare Checklist Access/visitation

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Parties

LDL

Applicant (mother)

F

Respondent (father)

Procedural Posture

Guardianship / Child Relocation / Judgment (district Court)

Legal Issues

  1. 1 Whether the mother’s relocation application is genuine or a device to exclude the father
  2. 2 Whether the mother’s relocation proposals are realistic and sufficiently detailed
  3. 3 Whether the father’s opposition is motivated by genuine welfare concerns or ulterior motive

Ratio Decidendi

Applying the paramount welfare principle and the Payne/SMM framework, the court found the children were settled in Hong Kong, expressed a clear wish to remain, and benefited from stability, schooling and family life there; the mother’s proposals were uncertain and linked to further relocation to Europe, risking repeated uprooting; the Social Welfare Officer’s recommendation and the children’s wishes carried substantive weight; accordingly returning the children to the Philippines was not in their best interests and the relocation application was dismissed, with care and control to the father and existing safeguards maintained.

Court Disposition

Relocation application dismissed; care and control granted to the father; defined access and non-removal orders maintained; no order as to costs (certificate for counsel); costs nisi to be made absolute in 14 days

Orders

  • Relocation Application dismissed
  • Care and control of the children granted to the Father