C v. S

C v. S

The court ordered that the ward be permitted to receive treatment at the YMT Child Service while continuing private treatment because it was in the child's best interests to secure a public medical safety net; the Mother was ordered to produce original documents to enable the appointment and parents were ordered to accompany the child but not be present during treatment; these measures balanced continuity of care with access to public services and enforced compliance with prior directions.

Citation
[2018] HKCFI 1381
Parties
Father / Plaintiff: C; Mother / Defendant: S; Ward (child): N
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2018
Case Number
HCMP929/2017
Procedural Posture
Wardship/guardianship Proceedings (interim Applications) / Summons for Replacement of Treating Psychiatrist; Directions Hearing and Decision on Interim Application
Outcome
Leave granted for the ward to receive treatment at YMT Child Service as per the second referral letter while continuing treatment with the current private psychiatrist; Mother ordered to hand over original referral and N's HKID to Father within 7 days; parents to accompany the child jointly to YMT but not be present...
Legal Topics
Wardship, Medical Treatment of Child, Appointment of Treating Psychiatrist, Inherent Jurisdiction of the High Court, Custody and Access, Compliance With Court Directions
Source Language
EN
Family Law Child Welfare Guardianship Mental Health Civil Procedure Wardship Medical Treatment of Child Appointment of Treating Psychiatrist +3 more

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Parties

C

Father / Plaintiff

S

Mother / Defendant

N

Ward (child)

Procedural Posture

Wardship/guardianship Proceedings (interim Applications) / Summons for Replacement of Treating Psychiatrist; Directions Hearing and Decision on Interim Application

Legal Issues

  1. 1 Whether the Court should replace the private treating psychiatrist with the YMT Child Service (public psychiatrist)
  2. 2 Whether N may receive treatment from both the private psychiatrist and YMT Child Service
  3. 3 Whether the Mother complied with the Court's direction to arrange an appointment at YMT Child Service and to produce documents

Ratio Decidendi

The court ordered that the ward be permitted to receive treatment at the YMT Child Service while continuing private treatment because it was in the child's best interests to secure a public medical safety net; the Mother was ordered to produce original documents to enable the appointment and parents were ordered to accompany the child but not be present during treatment; these measures balanced continuity of care with access to public services and enforced compliance with prior directions.

Court Disposition

Leave granted for the ward to receive treatment at YMT Child Service as per the second referral letter while continuing treatment with the current private psychiatrist; Mother ordered to hand over original referral and N's HKID to Father within 7 days; parents to accompany the child jointly to YMT but not be present...

Orders

  • Leave for N to receive treatment or service at YMT Child Service as directed by Mr Lam Ho Ming Alex in the 2nd Referral Letter and to continue treatment with Dr Joanna Lam
  • Mother to hand over within 7 days all necessary documents concerning N requested by the Father for making the appointment, including the original 2nd Referral Letter and N’s original HKID card