DCB v. AB

DCB v. AB

The father's summons was dismissed because it was unsupported by a filed affirmation and produced no evidence of a change in circumstances or any reason to vary the 16.05.17 Order; reports from social welfare and the Official Solicitor established that the child's welfare was being properly maintained and that it was in the child's best interests to preserve the existing residential and access arrangements.

Citation
[2018] HKCFI 162
Parties
Plaintiff: DCB; Defendant: AB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2018
Case Number
HCMP2173/2014
Procedural Posture
Wardship/guardianship (care and Control; Removal Application) / Post Trial Ruling on Father's Summons for Clarification/variation of Prior Order
Outcome
Father's summons dismissed; existing 16.05.17 Order and access/residential arrangements maintained; no order as to costs
Legal Topics
Wardship, Care and Control, Access/contact, Removal From Jurisdiction, Variation of Orders, Costs
Source Language
EN
Family Law Guardianship Child Custody Civil Procedure Wardship Care and Control Access/contact Removal From Jurisdiction +2 more

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Parties

DCB

Plaintiff

AB

Defendant

Procedural Posture

Wardship/guardianship (care and Control; Removal Application) / Post Trial Ruling on Father's Summons for Clarification/variation of Prior Order

Legal Issues

  1. 1 Whether the 16.05.17 Order should be varied to allow the child to reside with the father whenever the mother is outside Hong Kong
  2. 2 Whether the father's summons was supported by evidence and disclosed grounds for variation
  3. 3 Whether varying the residential/access arrangements would be in the best interests of the child

Ratio Decidendi

The father's summons was dismissed because it was unsupported by a filed affirmation and produced no evidence of a change in circumstances or any reason to vary the 16.05.17 Order; reports from social welfare and the Official Solicitor established that the child's welfare was being properly maintained and that it was in the child's best interests to preserve the existing residential and access arrangements.

Court Disposition

Father's summons dismissed; existing 16.05.17 Order and access/residential arrangements maintained; no order as to costs

Orders

  • Father's summons dismissed
  • Maintain the status quo under the 16.05.17 Order regarding care, control and access