K v. F

K v. F

The court awarded custody of the son S to the father K and custody of the three daughters P, J and B to the mother F because, applying the paramount welfare principle to the special circumstances, the children were settled and content in their current arrangements, P and the other daughters expressed preferences to...

Source-derived case information.

Citation
K v. F
Parties
Husband: K; Wife: F
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 1976
Case Number
HCMP9/1976
Procedural Posture
Custody Application Under Guardianship of Minors Ordinance Cap.13 S.11(1) / Final Judgment (high Court, Original Jurisdiction)
Outcome
Custody of S awarded to father K; custody of P, J and B awarded to mother F; reasonable access to be allowed to the non-custodial parent; husband ordered to pay 75% of wife's costs; liberty to apply regarding maintenance and general liberty to apply preserved.
Legal Topics
Custody of Minor, Access, Maintenance, Welfare of Child
Source Language
en
Family Law Child Custody Guardianship Custody of Minor Access Maintenance Welfare of Child

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Parties

K

Husband

F

Wife

Procedural Posture

Custody Application Under Guardianship of Minors Ordinance Cap.13 S.11(1) / Final Judgment (high Court, Original Jurisdiction)

Legal Issues

  1. 1 Allocation of custody between parents
  2. 2 Weight to be given to children's wishes
  3. 3 Principle of welfare of the child as paramount

Ratio Decidendi

The court awarded custody of the son S to the father K and custody of the three daughters P, J and B to the mother F because, applying the paramount welfare principle to the special circumstances, the children were settled and content in their current arrangements, P and the other daughters expressed preferences to remain with their mother, S expressed a clear preference and greater security with his father, and splitting the three daughters would be contrary to their interests.

Court Disposition

Custody of S awarded to father K; custody of P, J and B awarded to mother F; reasonable access to be allowed to the non-custodial parent; husband ordered to pay 75% of wife's costs; liberty to apply regarding maintenance and general liberty to apply preserved.

Orders

  • Custody of S given to father K
  • Custody of P, J and B given to mother F