S v. Z

S v. Z

Sole custody awarded to the father because the paramount consideration (children's welfare) requires maintenance of the effective status quo, parents lack reasonable prospect of cooperation for joint custody, the mother has a documented pattern of harassment and instability with risk of recurrence, the children...

Source-derived case information.

Citation
S v. Z
Parties
Petitioner (father): S; Respondent (mother): Z; Children: E and A
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
10 September 2007
Case Number
FCMC14535/2005
Procedural Posture
Matrimonial Causes Child Custody Dispute / Final Judgment (custody and Access)
Outcome
Sole custody granted to father with shared practical care and control; supervised contact arrangements and mandatory therapeutic conditions; order nisi as to costs
Legal Topics
Custody, Care and Control, Access, Supervision, Therapeutic Counselling, Status Quo, Welfare Principle, No Order Principle
Source Language
en
Family Law Child Custody Domestic Violence Guardianship Custody Care and Control Access Supervision +4 more

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Parties

S

Petitioner (father)

Z

Respondent (mother)

E and A

Children

Procedural Posture

Matrimonial Causes Child Custody Dispute / Final Judgment (custody and Access)

Legal Issues

  1. 1 Whether the court should make any order
  2. 2 Whether custody should be sole or joint
  3. 3 Allocation of care and control (day-to-day care)

Ratio Decidendi

Sole custody awarded to the father because the paramount consideration (children's welfare) requires maintenance of the effective status quo, parents lack reasonable prospect of cooperation for joint custody, the mother has a documented pattern of harassment and instability with risk of recurrence, the children expressed preference for certainty and the father can provide structured daily care; care and control is shared in practice by whoever has physical care at the time; arrangements to be supervised by Social Welfare for 12 months and mother to receive funded therapy.

Court Disposition

Sole custody granted to father with shared practical care and control; supervised contact arrangements and mandatory therapeutic conditions; order nisi as to costs

Orders

  • Sole custody of E and A granted to the father with shared care and control by both parents when the children are in their care.
  • The father shall fund therapeutic counselling for the mother with Dr L for twelve months and the mother shall attend weekly sessions for that period.