A v. ABC

A v. ABC

Sole custody and care and control were granted to the mother because, on the balance of probabilities, the father's past conduct (repeated excessive questioning, corporal punishment) and ongoing mental health issues posed a risk of harm and had produced significant distress and refusal of meaningful contact by the children; the children's expressed wishes, strong bond with the mother, and the consistent recommendations of the social welfare officer and clinical psychologist made continuation with the mother demonstrably in the children's best interests. Access was suspended short-term with supervised and indirect contact pathways to allow therapeutic work and assessment before any direct...

Citation
A v. ABC
Parties
Petitioner: A; Respondent: ABC
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
4 September 2012
Case Number
FCMC8759/2010
Procedural Posture
Matrimonial Causes Custody Dispute / Judgment (district Court)
Outcome
Sole custody and care and control granted to the mother; access suspended for six months save for indirect contact; supervision order for six months; no order as to costs (order nisi to be made absolute in 14 days).
Legal Topics
Custody, Care and Control, Access/visitation, Supervision Order, Best Interests of the Child, Parental Mental Illness, Corporal Punishment
Source Language
EN
Family Law Child Custody Child Welfare Domestic Violence Mental Health Custody Care and Control Access/visitation +4 more

Case Brief

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Parties

A

Petitioner

ABC

Respondent

Procedural Posture

Matrimonial Causes Custody Dispute / Judgment (district Court)

Legal Issues

  1. 1 Whether sole custody and care and control should vest in the mother or the father or another arrangement
  2. 2 What access, if any, should be ordered for the non-custodial parent
  3. 3 Whether the father's mental illness and past conduct posed a risk of harm to the children

Ratio Decidendi

Sole custody and care and control were granted to the mother because, on the balance of probabilities, the father's past conduct (repeated excessive questioning, corporal punishment) and ongoing mental health issues posed a risk of harm and had produced significant distress and refusal of meaningful contact by the children; the children's expressed wishes, strong bond with the mother, and the consistent recommendations of the social welfare officer and clinical psychologist made continuation with the mother demonstrably in the children's best interests. Access was suspended short-term with supervised and indirect contact pathways to allow therapeutic work and assessment before any direct...

Court Disposition

Sole custody and care and control granted to the mother; access suspended for six months save for indirect contact; supervision order for six months; no order as to costs (order nisi to be made absolute in 14 days).

Orders

  • Sole custody and care and control of X and Y granted to the mother
  • Access suspended for six months pending further order, save for indirect access by e-mail, text and/or letter