R, LH also known as J, LH v. J, MS

R, LH also known as J, LH v. J, MS

The court granted the s.18 declaration because the arrangements for the child's welfare were satisfactory and the wife provided a clear undertaking to maintain the child pending or indefinitely in the absence of orders; given the husband's lack of disclosure, uncertain residence and limited enforceability, it was appropriate to make the decree absolute and adjourn ancillary relief sine die while preserving the wife's right to seek financial orders later.

Citation
[2020] HKFC 209
Parties
Petitioner: R, LH (also known as J, LH); Respondent: J, MS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
9 October 2020
Case Number
FCMC14631/2017
Procedural Posture
Matrimonial Causes (divorce and Ancillary Relief) / Application for Section 18 Declaration; Paper Disposal
Outcome
Section 18 declaration granted; ancillary relief proceedings adjourned sine die; wife's undertaking to maintain child accepted; costs to follow the event.
Legal Topics
Section 18 Declaration, Child Maintenance, Jurisdiction (habitual Residence), Relocation, Enforcement, Costs
Source Language
EN
Family Law Matrimonial Law Child Welfare Ancillary Relief Section 18 Declaration Child Maintenance Jurisdiction (habitual Residence) Relocation +2 more

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Parties

R, LH (also known as J, LH)

Petitioner

J, MS

Respondent

Procedural Posture

Matrimonial Causes (divorce and Ancillary Relief) / Application for Section 18 Declaration; Paper Disposal

Legal Issues

  1. 1 Whether to grant a s.18 declaration under the Matrimonial Proceedings and Property Ordinance Cap 192
  2. 2 Whether arrangements for the welfare of the child satisfy s.18(1)(b)(i)
  3. 3 Whether ancillary relief proceedings should be adjourned sine die

Ratio Decidendi

The court granted the s.18 declaration because the arrangements for the child's welfare were satisfactory and the wife provided a clear undertaking to maintain the child pending or indefinitely in the absence of orders; given the husband's lack of disclosure, uncertain residence and limited enforceability, it was appropriate to make the decree absolute and adjourn ancillary relief sine die while preserving the wife's right to seek financial orders later.

Court Disposition

Section 18 declaration granted; ancillary relief proceedings adjourned sine die; wife's undertaking to maintain child accepted; costs to follow the event.

Orders

  • Declaration granted under s.18(1)(b)(i) of the Matrimonial Proceedings and Property Ordinance Cap 192 that arrangements for the welfare of the child are satisfactory
  • Ancillary relief proceedings adjourned sine die