CWM v. SAS aka AS

CWM v. SAS aka AS

Relocation to Melbourne is permitted: the application was genuine and realistic, supported by SIR/ISIR and the mother's evidence; the welfare balancing exercise favored relocation because the children will benefit from improved accommodation, education, healthcare access and family support, father's opposition was...

Source-derived case information.

Citation
[2024] HKFC 79
Parties
Petitioner: CWM; Respondent: SAS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
16 April 2024
Case Number
FCMC9999/2020
Procedural Posture
Matrimonial Causes (relocation) / Judgment
Outcome
Application granted — relocation to Melbourne allowed
Legal Topics
Relocation, Best Interests of the Child, Access/contact Arrangements, Social Investigation Report
Source Language
en
Family Law Child Relocation Child Custody Guardianship Relocation Best Interests of the Child Access/contact Arrangements Social Investigation Report

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Parties

CWM

Petitioner

SAS

Respondent

Procedural Posture

Matrimonial Causes (relocation) / Judgment

Legal Issues

  1. 1 Whether the proposed relocation to Melbourne is in the children's best interests
  2. 2 Whether the mother's application is genuine and realistic
  3. 3 Adequacy of proposed access arrangements for the father

Ratio Decidendi

Relocation to Melbourne is permitted: the application was genuine and realistic, supported by SIR/ISIR and the mother's evidence; the welfare balancing exercise favored relocation because the children will benefit from improved accommodation, education, healthcare access and family support, father's opposition was insufficiently substantiated and his conduct and non-payment of maintenance weighed against refusing; proposed access arrangements and undertakings (annual visits, daily remote contact) preserve father's relationship and offset detriment, therefore relocation is in the children's best interests.

Court Disposition

Application granted — relocation to Melbourne allowed

Orders

  • Relocation of the Children to Melbourne, Australia allowed with immediate effect
  • Order dated 4 August 2021 granting joint custody to parents with care and control to the mother is to stand