TRH v. KCS

TRH v. KCS

Dismissal of the ex-parte summons because the applicant failed to meet the high threshold of extreme urgency; material non-disclosure (failure to highlight father's reneging on agreed Korea holiday) undermined the one-sided affidavit; the substantial mandatory increase in access and change of venue were not appropriate to be granted ex-parte and should be pursued inter-partes; costs awarded to respondent.

Citation
[2024] HKFC 82
Parties
Petitioner (father): TRH; Respondent (mother): KCS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
17 April 2024
Case Number
FCMC8704/2023
Procedural Posture
Matrimonial Causes (interim Access) / Ex Parte Summons (on Notice) for Variation of Interim Access Order — Heard and Dismissed at Interim Application Stage
Outcome
Ex-parte summons dismissed; costs to respondent; order nisi to be made absolute after 14 days unless challenged.
Legal Topics
Variation of Interim Access/visitation, Ex Parte Relief and Urgency Threshold, Full and Frank Disclosure in Affidavits, Appointment of Experts and Therapeutic Directions, Costs
Source Language
EN
Family Law Child Custody and Access Interim Relief Civil Procedure Variation of Interim Access/visitation Ex Parte Relief and Urgency Threshold Full and Frank Disclosure in Affidavits Appointment of Experts and Therapeutic Directions +1 more

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Parties

TRH

Petitioner (father)

KCS

Respondent (mother)

Procedural Posture

Matrimonial Causes (interim Access) / Ex Parte Summons (on Notice) for Variation of Interim Access Order — Heard and Dismissed at Interim Application Stage

Legal Issues

  1. 1 Whether the ex-parte (on notice) route was appropriate for a substantial increase in interim access
  2. 2 Whether the requirement of extreme urgency for ex-parte relief was satisfied
  3. 3 Whether the applicant made full and frank disclosure of material facts

Ratio Decidendi

Dismissal of the ex-parte summons because the applicant failed to meet the high threshold of extreme urgency; material non-disclosure (failure to highlight father's reneging on agreed Korea holiday) undermined the one-sided affidavit; the substantial mandatory increase in access and change of venue were not appropriate to be granted ex-parte and should be pursued inter-partes; costs awarded to respondent.

Court Disposition

Ex-parte summons dismissed; costs to respondent; order nisi to be made absolute after 14 days unless challenged.

Orders

  • Ex-parte summons dismissed.
  • Costs to respondent (mother) with certificate for two counsel; order nisi to become absolute 14 days from date of decision.