J v. Q

J v. Q

Leave to appeal was refused because the proposed grounds principally attacked the weight the trial judge afforded to evidence—a matter within the first instance judge's discretion—and the post‑order events relied on by the mother also amounted to issues of weight and were not reasonably arguable.

Citation
[2025] HKCFI 364
Parties
Applicant (mother): J; Respondent (father): Q
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2024
Case Number
HCMP2563/2024
Procedural Posture
Miscellaneous Proceedings (interim Care Order) / Application for Leave to Appeal Against Interim Care Order
Outcome
Leave to appeal refused
Legal Topics
Interim Care Order, Leave to Appeal, Weight of Evidence, Inherent Jurisdiction
Source Language
EN
Family Law Guardianship Child Protection Civil Procedure Interim Care Order Leave to Appeal Weight of Evidence Inherent Jurisdiction

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Parties

J

Applicant (mother)

Q

Respondent (father)

Procedural Posture

Miscellaneous Proceedings (interim Care Order) / Application for Leave to Appeal Against Interim Care Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against an interim care order
  2. 2 Whether the first instance judge erred in assessing the weight of evidence
  3. 3 Whether subsequent events after the interim order can establish an arguable ground of appeal

Ratio Decidendi

Leave to appeal was refused because the proposed grounds principally attacked the weight the trial judge afforded to evidence—a matter within the first instance judge's discretion—and the post‑order events relied on by the mother also amounted to issues of weight and were not reasonably arguable.

Court Disposition

Leave to appeal refused

Orders

  • Mother's application for leave to appeal the interim care order is refused
  • Application is to be dealt with promptly; no adjournment for paper disposal