RE INFANT

RE INFANT

The court refused to dispense with the father's consent under section 6 because the applicants knowingly misled authorities about the father's whereabouts and his clear objection; there were insufficient cogent reasons to sever the child from his natural family. Applying the welfare principle, the court found the child would be better off in the father's household and therefore granted the father's application for custody, care and control.

Citation
RE INFANT
Parties
Would Be Adopters / Respondents in Guardianship Proceedings: Applicants (married couple); Natural Father / Applicant Under Guardianship of Minors Ordinance: Chan Kwok Wah (natural father); Infant / Ward: Y (the minor); Natural Mother: Mother (natural mother)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 1977
Case Number
HCMP53/1977
Procedural Posture
Adoption; Guardianship of Minors / Judgment (hearing Concluded 12 August 1977)
Outcome
Adoption application dismissed; father's guardianship/custody application granted
Legal Topics
Consent to Adoption, Dispensing Consent Under Section 6, Custody and Care and Control, Legitimacy / Common Law Marriage, Welfare of the Child
Source Language
EN
Family Law Adoption Law Guardianship Child Welfare Consent to Adoption Dispensing Consent Under Section 6 Custody and Care and Control Legitimacy / Common Law Marriage +1 more

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Parties

Applicants (married couple)

Would Be Adopters / Respondents in Guardianship Proceedings

Chan Kwok Wah (natural father)

Natural Father / Applicant Under Guardianship of Minors Ordinance

Y (the minor)

Infant / Ward

Mother (natural mother)

Natural Mother

Procedural Posture

Adoption; Guardianship of Minors / Judgment (hearing Concluded 12 August 1977)

Legal Issues

  1. 1 Whether an adoption order can be made without the father's consent
  2. 2 Whether the court should exercise its discretion under section 6 to dispense with the father's consent
  3. 3 Whether custody, care and control of the minors should be committed to the natural father

Ratio Decidendi

The court refused to dispense with the father's consent under section 6 because the applicants knowingly misled authorities about the father's whereabouts and his clear objection; there were insufficient cogent reasons to sever the child from his natural family. Applying the welfare principle, the court found the child would be better off in the father's household and therefore granted the father's application for custody, care and control.

Court Disposition

Adoption application dismissed; father's guardianship/custody application granted

Orders

  • Adoption application dismissed with costs; certificate for counsel; costs to be taxed in accordance with Legal Aid Rules
  • Father's application for custody, care and control of the minor and his daughter granted