C v. D

C v. D

Because the child had lived continuously with the father and his wife since infancy and they provided a stable, loving environment, and expert evidence established that removing the child would cause psychological harm, the paramount consideration of the child's welfare required that custody remain with the father; the mother's custody application and wardship request were therefore refused.

Citation
C v. D
Parties
Mother/applicant in Counter Claim: C.; Father/applicant for Custody: D.; Infant (subject of Proceedings): J.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 1977
Case Number
HCMP559/1976
Procedural Posture
Guardianship and Custody Proceedings / Judgment (high Court, 25 April 1977)
Outcome
Father's application for custody granted; mother's application for custody refused; earlier ward of Court order revoked; child to remain in jurisdiction; access arrangements regulated on temporary basis.
Legal Topics
Custody, Access/visitation, Ward of Court, Welfare of the Child, Jurisdiction/leave to Remove Child, Parental Responsibility
Source Language
EN
Family Law Child Custody Guardianship Private Law Child Welfare Custody Access/visitation Ward of Court +3 more

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Parties

C.

Mother/applicant in Counter Claim

D.

Father/applicant for Custody

J.

Infant (subject of Proceedings)

Procedural Posture

Guardianship and Custody Proceedings / Judgment (high Court, 25 April 1977)

Legal Issues

  1. 1 Whether custody should be awarded to the father or mother
  2. 2 Whether the child should be made a ward of Court
  3. 3 What access arrangements are appropriate to promote the child's welfare

Ratio Decidendi

Because the child had lived continuously with the father and his wife since infancy and they provided a stable, loving environment, and expert evidence established that removing the child would cause psychological harm, the paramount consideration of the child's welfare required that custody remain with the father; the mother's custody application and wardship request were therefore refused.

Court Disposition

Father's application for custody granted; mother's application for custody refused; earlier ward of Court order revoked; child to remain in jurisdiction; access arrangements regulated on temporary basis.

Orders

  • Custody, care and control of J. awarded to D.
  • Application by C. for custody refused.