ROSSLYN LEUNG WING SHEUNG v. DAVID LEUNG TAI WAI AND ANOTHER

ROSSLYN LEUNG WING SHEUNG v. DAVID LEUNG TAI WAI AND ANOTHER

Given the paramountcy of the child's welfare, the established maternal bond, the continuity and current pattern of care provided by the mother, and the Social Welfare Officer's recommendation, the disadvantages of transferring care to the grandmother (disruption of bonds, likely upbringing largely by servants) outweighed the grandmother's material advantages; therefore care and control should be awarded to the mother.

Citation
ROSSLYN LEUNG WING SHEUNG v. DAVID LEUNG TAI WAI AND ANOTHER
Parties
Plaintiff / Mother: Rosslyn Leung Wing Sheung; 1st Defendant / Father: David Leung Tai Wai; 2nd Defendant / Paternal Grandmother: Leung Au Yeung Yuk Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 1985
Case Number
HCMP142/1985
Procedural Posture
Wardship Proceedings / Final Judgment on Care and Control
Outcome
Care and control of the ward awarded to the mother (Plaintiff); reasonable access to the father and the paternal grandparents ordered
Legal Topics
Welfare of the Child, Care and Control, Continuity of Care, Access Rights, Wardship
Source Language
EN
Family Law Guardianship Child Custody Welfare of the Child Care and Control Continuity of Care Access Rights Wardship

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Parties

Rosslyn Leung Wing Sheung

Plaintiff / Mother

David Leung Tai Wai

1st Defendant / Father

Leung Au Yeung Yuk Chun

2nd Defendant / Paternal Grandmother

Procedural Posture

Wardship Proceedings / Final Judgment on Care and Control

Legal Issues

  1. 1 Whether care and control of the 20‑month old ward should be awarded to the mother or to the paternal grandmother
  2. 2 How to weigh maternal bond and continuity of care against the grandmother's greater financial resources and stability
  3. 3 Application of the welfare principle and consideration of social welfare reports

Ratio Decidendi

Given the paramountcy of the child's welfare, the established maternal bond, the continuity and current pattern of care provided by the mother, and the Social Welfare Officer's recommendation, the disadvantages of transferring care to the grandmother (disruption of bonds, likely upbringing largely by servants) outweighed the grandmother's material advantages; therefore care and control should be awarded to the mother.

Court Disposition

Care and control of the ward awarded to the mother (Plaintiff); reasonable access to the father and the paternal grandparents ordered

Orders

  • Care and control of Mark to remain with the mother, Rosslyn Leung Wing Sheung
  • Reasonable access to be granted to the father, David Leung Tai Wai, and to the paternal grandparents