RK v. YS

RK v. YS

The District Court held that the father did not prove sufficient post-appeal evidence of active alienation or other changes outweighing the welfare interests of the children if the status quo were maintained; given AK's strong attachment to the mother, the risk of adverse effect from changing care and control and the social worker and expert evidence taken together, it was in the children's best interests to maintain the Court of Appeal joint custody order and dismiss the variation summonses.

Citation
RK v. YS
Parties
Applicant (father): RK; Respondent (mother): YS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
8 May 2012
Case Number
FCMP151/2008
Procedural Posture
Family Guardianship/custody Variation / Application to Vary Court of Appeal Joint Custody Order; Trial and Judgment in District Court (variation Summons Dismissed)
Outcome
Father's summonses to vary the joint custody order dismissed; joint custody order maintained; order nisi for no order as to costs (to become absolute unless varied within 14 days)
Legal Topics
Custody Variation, Joint Custody, Access, Parental Alienation, Welfare Principle, Expert Evidence, Contempt/compliance
Source Language
EN
Family Law Child Custody Guardianship Family Procedure Custody Variation Joint Custody Access Parental Alienation +3 more

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Parties

RK

Applicant (father)

YS

Respondent (mother)

Procedural Posture

Family Guardianship/custody Variation / Application to Vary Court of Appeal Joint Custody Order; Trial and Judgment in District Court (variation Summons Dismissed)

Legal Issues

  1. 1 Whether the Court should vary the Court of Appeal joint custody order to grant care and control to the Father and sole custody of KK
  2. 2 Whether the Mother has actively alienated AK from the Father such that custody should be varied
  3. 3 Whether split care and control of siblings AK and KK is appropriate

Ratio Decidendi

The District Court held that the father did not prove sufficient post-appeal evidence of active alienation or other changes outweighing the welfare interests of the children if the status quo were maintained; given AK's strong attachment to the mother, the risk of adverse effect from changing care and control and the social worker and expert evidence taken together, it was in the children's best interests to maintain the Court of Appeal joint custody order and dismiss the variation summonses.

Court Disposition

Father's summonses to vary the joint custody order dismissed; joint custody order maintained; order nisi for no order as to costs (to become absolute unless varied within 14 days)

Orders

  • Paragraphs 1 and 2 of the Summons dated 19 May 2011 and the Summons dated 28 November 2011 dismissed
  • Order nisi that there should be no order as to costs in respect of these Summonses, which shall become absolute unless varied within 14 days