W, Y v. L, KP

W, Y v. L, KP

The court granted the mother's application to relocate because her motive was genuine, her plan was realistic and supported by independent social welfare and international reports, and the child's welfare would be best served by living with his primary carer in Shanghai while preserving regular and structured contact with the father; the father's shared care application was dismissed.

Citation
W, Y v. L, KP
Parties
Petitioner (mother): W, Y; Respondent (father): L, KP
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
5 July 2016
Case Number
FCMC4636/2015
Procedural Posture
Matrimonial Causes / Judgment (district Court)
Outcome
Mother's relocation to Shanghai granted; care and control remains with Mother; Father's summons for shared care dismissed; access regime ordered.
Legal Topics
Relocation, Care and Control, Shared Care, Access Arrangements, Welfare of the Child
Source Language
EN
Family Law Child Custody Relocation Law Matrimonial Proceedings Relocation Care and Control Shared Care Access Arrangements +1 more

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Parties

W, Y

Petitioner (mother)

L, KP

Respondent (father)

Procedural Posture

Matrimonial Causes / Judgment (district Court)

Legal Issues

  1. 1 Whether the child should be permitted to relocate to Shanghai with the mother
  2. 2 Whether the father's application for shared care should succeed
  3. 3 What access regime is in the child's best interests if relocation is permitted

Ratio Decidendi

The court granted the mother's application to relocate because her motive was genuine, her plan was realistic and supported by independent social welfare and international reports, and the child's welfare would be best served by living with his primary carer in Shanghai while preserving regular and structured contact with the father; the father's shared care application was dismissed.

Court Disposition

Mother's relocation to Shanghai granted; care and control remains with Mother; Father's summons for shared care dismissed; access regime ordered.

Orders

  • Permission granted for the child CT to relocate to Shanghai with the Mother; care and control to remain with the Mother
  • Father's summons dated 19 April 2016 for shared care dismissed