STY v. LMSC

STY v. LMSC

The Childrens Order should be maintained and the mother's variation dismissed because the parties had extensively agreed the arrangement, the mother failed to show a change of circumstances warranting variation, and it is in the childrens best interests to maintain shared access so they continue to have meaningful...

Source-derived case information.

Citation
STY v. LMSC
Parties
Petitioner: STY; Respondent: LMSC
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
12 December 2017
Case Number
FCMC5382/2015
Procedural Posture
Matrimonial Causes Variation of Child Access/custody / Decision (judgment)
Outcome
Mother's variation of the Childrens Order dismissed; original Childrens Order maintained; no order as to costs.
Legal Topics
Variation of Access, Holiday Arrangements, Welfare of the Child, Parental Responsibility
Source Language
en
Family Law Child Custody Guardianship Variation of Access Holiday Arrangements Welfare of the Child Parental Responsibility

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Parties

STY

Petitioner

LMSC

Respondent

Procedural Posture

Matrimonial Causes Variation of Child Access/custody / Decision (judgment)

Legal Issues

  1. 1 Chinese New Year holiday arrangement
  2. 2 Easter holiday arrangement
  3. 3 Appointment of parental coordinator (agreed)

Ratio Decidendi

The Childrens Order should be maintained and the mother's variation dismissed because the parties had extensively agreed the arrangement, the mother failed to show a change of circumstances warranting variation, and it is in the childrens best interests to maintain shared access so they continue to have meaningful contact with both parents during festivals.

Court Disposition

Mother's variation of the Childrens Order dismissed; original Childrens Order maintained; no order as to costs.

Orders

  • Paragraph 1(4) of the mothers summons dismissed
  • Childrens Order maintained