MJP v. JWP

MJP v. JWP

The Court found the judge had properly evaluated the evidence, made correct findings of fact and properly exercised discretion; because the petitioner showed no reasonable prospect of success, leave to appeal was refused.

Citation
MJP v. JWP
Parties
Petitioner: Petitioner; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2010
Case Number
HCMP2637/2009
Procedural Posture
High Court Miscellaneous Proceedings HCMP 2637/2009 / Application for Leave to Appeal (refused)
Outcome
Leave to appeal refused; stay of proceedings removed; no order as to costs except respondent's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Relocation of Children, Leave to Appeal, Exercise of Judicial Discretion, Findings of Fact
Source Language
EN
Family Law Child Relocation Custody and Care and Control Civil Procedure Relocation of Children Leave to Appeal Exercise of Judicial Discretion Findings of Fact

Case Brief

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

High Court Miscellaneous Proceedings HCMP 2637/2009 / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the judge erred in permitting the respondent to remove three children from Hong Kong
  3. 3 Whether the judge misapplied the law or misdirected on custody, care and control

Ratio Decidendi

The Court found the judge had properly evaluated the evidence, made correct findings of fact and properly exercised discretion; because the petitioner showed no reasonable prospect of success, leave to appeal was refused.

Court Disposition

Leave to appeal refused; stay of proceedings removed; no order as to costs except respondent's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • Leave to appeal refused.
  • Stay of proceedings removed.