RE Y AND ANOTHER

RE Y AND ANOTHER

On the evidence of welfare, attachment between the siblings, parental capabilities, and the father's prior non-compliance, the court concluded that the best interests of these wards were served by vesting care and control in the mother and by imposing detailed timing for transfer and staying access; cultural considerations were noted but did not displace the welfare assessment.

Citation
RE Y AND ANOTHER
Parties
Mother: Mother; Father: Father (Mr. Yip); Official Solicitor: Official Solicitor; Ward: Sau Ching (Y (S-C.)); Ward: Yan Wing (Y (Y-W.))
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 1985
Case Number
HCA681/1982
Procedural Posture
Wardship (care and Control) / Judgment/delivery of Judgment
Outcome
Care and control of both wards vested in the mother (order made and scheduled to take effect as set out in orders).
Legal Topics
Care and Control, Access/staying Access, Best Interests of the Child, Contempt for Breach of Orders
Source Language
EN
Family Law Wardship Child Custody Care and Control Access/staying Access Best Interests of the Child Contempt for Breach of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mother

Mother

Father (Mr. Yip)

Father

Official Solicitor

Official Solicitor

Sau Ching (Y (S-C.))

Ward

Yan Wing (Y (Y-W.))

Ward

Procedural Posture

Wardship (care and Control) / Judgment/delivery of Judgment

Legal Issues

  1. 1 Which parent should have care and control of the two minor wards
  2. 2 Whether the two wards should be kept together
  3. 3 Compliance with prior court orders and potential contempt

Ratio Decidendi

On the evidence of welfare, attachment between the siblings, parental capabilities, and the father's prior non-compliance, the court concluded that the best interests of these wards were served by vesting care and control in the mother and by imposing detailed timing for transfer and staying access; cultural considerations were noted but did not displace the welfare assessment.

Court Disposition

Care and control of both wards vested in the mother (order made and scheduled to take effect as set out in orders).

Orders

  • Care and control of both wards vested in the mother.
  • Order to come into force on the afternoon of 15 February (year of judgment).