HHML v. RYD

Parties

Procedural Posture

Matrimonial (divorce, Custody and Ancillary Relief) / Final Judgment on Custody, Removal and Ancillary Relief Applications

Legal Issues

1. 1 Whether the husband should be heard given contempt for non‑payment of ordered MPS
2. 2 Whether sole custody, care and control should be awarded and to whom
3. 3 Whether the husband should be permitted to remove the children permanently to Spain

Ratio Decidendi

Husband’s deliberate non‑compliance with interim maintenance and school fee orders constituted contempt that impeded the course of justice and justified refusing to hear and dismissing his removal application; on the evidence the Wife should have sole custody, care and control because that outcome is in the children’s best interests given the father’s conduct, lack of proposals for future care, and impracticability of joint custody given separation; disclosed matrimonial assets valued at HK$31,020,000 are to be divided equally, with specific lump sum, periodical payments and security against the husband’s retained share to ensure enforcement of maintenance and school fees.

Court Disposition

Wife's custody and ancillary relief applications allowed; Husband's removal application dismissed; orders made for custody, return of child, lump sum, periodical payments, school fees and security; costs to petitioner.

Orders

• Custody, care and control of the three boys granted to the Wife; Husband granted reasonable access including daily Skype/telephone and staying access for up to half of all school holidays in Hong Kong
• Husband to return child A to Hong Kong forthwith or, with the Wife's written consent, return A to the School forthwith