TYCZ v. SKY

TYCZ v. SKY

Leave to appeal was refused because the Court was not satisfied that the trial judge's primary factual findings were plainly wrong; the judge properly exercised his discretion in concluding that awarding sole custody, care and control to the wife with the ordered access for the husband was in the paramount interest of the children.

Citation
TYCZ v. SKY
Parties
Petitioner (applicant): tycz; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2006
Case Number
HCMP938/2006
Procedural Posture
Family Law Custody Appeal (leave to Appeal) / Application for Leave to Appeal in Court of Appeal
Outcome
Application for leave to appeal against the custody order refused.
Legal Topics
Custody, Access (visitation), Leave to Appeal, Standard of Review of Factual Findings, Paramountcy of Child's Welfare
Source Language
EN
Family Law Child Custody Costs Appeal Procedure Custody Access (visitation) Leave to Appeal Standard of Review of Factual Findings +1 more

Case Brief

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Parties

tycz

Petitioner (applicant)

Respondent

Respondent

Procedural Posture

Family Law Custody Appeal (leave to Appeal) / Application for Leave to Appeal in Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Family Court custody order
  2. 2 Whether the trial judge's factual findings were plainly wrong such that the Court of Appeal should intervene
  3. 3 Whether joint custody was appropriate given the parties' lack of cooperation

Ratio Decidendi

Leave to appeal was refused because the Court was not satisfied that the trial judge's primary factual findings were plainly wrong; the judge properly exercised his discretion in concluding that awarding sole custody, care and control to the wife with the ordered access for the husband was in the paramount interest of the children.

Court Disposition

Application for leave to appeal against the custody order refused.

Orders

  • Application for leave to appeal against the custody order refused