CCMJ v. SSM (formerly known as SKL)

CCMJ v. SSM (formerly known as SKL)

Leave to appeal was dismissed because the trial judge fully considered relevant authorities and evidence and legitimately exercised discretion to award sole custody to the mother where the parents’ lack of trust and inability to cooperate made joint custody impracticable; there was no error of law or plainly wrong...

Source-derived case information.

Citation
CCMJ v. SSM (formerly known as SKL)
Parties
Petitioner (intended Appellant): CCMJ; Respondent (intended Respondent): SSM (formerly known as SKL)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2013
Case Number
HCMP178/2013
Procedural Posture
Application for Leave to Appeal (family Custody) / Court of Appeal Determination on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; leave refused.
Legal Topics
Custody Care and Control, Leave to Appeal, Exercise of Judicial Discretion, Joint Custody Vs Sole Custody, Best Interests of the Child
Source Language
en
Family Law Child Custody Appellate Procedure Costs Legal Aid Custody Care and Control Leave to Appeal Exercise of Judicial Discretion +2 more

Source-derived case record

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 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CCMJ

Petitioner (intended Appellant)

SSM (formerly known as SKL)

Respondent (intended Respondent)

Procedural Posture

Application for Leave to Appeal (family Custody) / Court of Appeal Determination on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the trial judge's custody order
  2. 2 Whether the trial judge erred in law or in exercise of discretion in awarding sole custody to the mother instead of joint custody
  3. 3 Whether strained parental relations alone justify refusal of joint custody

Ratio Decidendi

Leave to appeal was dismissed because the trial judge fully considered relevant authorities and evidence and legitimately exercised discretion to award sole custody to the mother where the parents’ lack of trust and inability to cooperate made joint custody impracticable; there was no error of law or plainly wrong decision warranting appellate intervention.

Court Disposition

Application for leave to appeal dismissed; leave refused.

Orders

  • Application for leave to appeal dismissed
  • Pursuant to Order 59 rule 2A(8) RHC, no party may request this determination to be reconsidered at an oral hearing inter partes