周 對 仲

周 對 仲

The court accepted the independent social welfare and international reports that the two elder boys genuinely and consistently expressed a wish to live with their father and to attend mainstream education; mother’s unilateral, frequent and closed educational placements and refusal to accept the children’s wishes had...

Source-derived case information.

Citation
周 對 仲
Parties
Father (first Applicant): 周; Mother (second Applicant): 仲
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
19 February 2016
Case Number
FCJA334/2013
Procedural Posture
Child Custody Variation (family) / Judgment After Contested Hearing
Outcome
Order varied: sole custody of eldest and middle sons to father; sole custody of youngest to mother; mother granted reasonable access to the two elder sons but not at their school; father not required to disclose the school details; costs reserved (no order)
Legal Topics
Custody Variation, Child's Best Interests, Weight of Child's Wishes, Education Placement, Social Welfare Reports
Source Language
ch
Family Law Child Custody Child Welfare International Jurisdiction Custody Variation Child's Best Interests Weight of Child's Wishes Education Placement +1 more

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Parties

周

Father (first Applicant)

仲

Mother (second Applicant)

Procedural Posture

Child Custody Variation (family) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to vary existing custody orders to transfer custody of two elder children to father
  2. 2 How much weight to give the expressed wishes of the elder children
  3. 3 Whether mother’s education and care arrangements (exclusive ‘Guoxue’/closed boarding placements) were detrimental to children’s welfare

Ratio Decidendi

The court accepted the independent social welfare and international reports that the two elder boys genuinely and consistently expressed a wish to live with their father and to attend mainstream education; mother’s unilateral, frequent and closed educational placements and refusal to accept the children’s wishes had materially damaged parent-child communication and would likely harm their welfare if custody remained with her. Joint custody was unworkable due to total communication breakdown. Therefore the court varied the 25 September 2013 order: sole custody of the eldest and middle sons to father, custody of the youngest retained by mother, with mother granted reasonable access to the...

Court Disposition

Order varied: sole custody of eldest and middle sons to father; sole custody of youngest to mother; mother granted reasonable access to the two elder sons but not at their school; father not required to disclose the school details; costs reserved (no order)

Orders

  • Sole custody, care and control of eldest and middle sons transferred to father
  • Sole custody, care and control of youngest son retained by mother