TRH v. KCS

TRH v. KCS

Equal shared interim care on a 2-2-5-5 basis was refused because the short-term status quo favoured the mother as main carer and it would not be in the children's best interests to upset that arrangement; however, the father was granted reasonable interim access pending the Social Investigation Report with a...

Source-derived case information.

Citation
[2023] HKFC 182
Parties
Petitioner: TRH; Respondent: KCS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
7 September 2023
Case Number
FCMC8704/2023
Procedural Posture
Matrimonial Causes / Interim Access Hearing (preliminary Directions)
Outcome
Interim access granted in part; equal shared care refused; directions for social investigation and case management orders issued.
Legal Topics
Interim Access, Shared Care and Control, Child Custody, Social Investigation Report, Child Psychologist Report, Family Therapy, Parental Contact Orders
Source Language
en
Family Law Child Welfare Matrimonial Causes Interim Access Shared Care and Control Child Custody Social Investigation Report Child Psychologist Report +2 more

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Parties

TRH

Petitioner

KCS

Respondent

Procedural Posture

Matrimonial Causes / Interim Access Hearing (preliminary Directions)

Legal Issues

  1. 1 Whether to order interim equal shared care (2-2-5-5)
  2. 2 What interim access regime is appropriate pending investigation
  3. 3 Whether access should be supervised

Ratio Decidendi

Equal shared interim care on a 2-2-5-5 basis was refused because the short-term status quo favoured the mother as main carer and it would not be in the children's best interests to upset that arrangement; however, the father was granted reasonable interim access pending the Social Investigation Report with a specified access timetable starting 11 September 2023 and supervision was not ordered.

Court Disposition

Interim access granted in part; equal shared care refused; directions for social investigation and case management orders issued.

Orders

  • Interim access to commence 11 September 2023: daily morning school drop-off by father — Monday, Wednesday and alternate Friday for elder son; Tuesday, Thursday and alternate Friday for younger son
  • Interim access every Tuesday and Thursday after school until 9:00 pm