C AND ANOTHER v. A AND OTHERS

C AND ANOTHER v. A AND OTHERS

The Child was dewarded because there was no evidential basis that she required the protection of the High Court, the social investigation did not supply sufficient material to determine adoption, and the statutory scheme designates the District Court as the proper forum for applications under sections 23A and 5A of the Adoption Ordinance; accordingly transfer to the CFI and continuation of wardship were not justified.

Citation
[2022] HKCFI 556
Parties
1st Plaintiff: C; 2nd Plaintiff: L; 1st Defendant: A; 2nd Defendant: D; 3rd Defendant: The Director of Social Welfare
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2022
Case Number
HCMP607/2021
Procedural Posture
Wardship and Adoption Related Proceedings Under the High Court and Adoption Ordinance / Decision on Paper (dewarding Order and Directions)
Outcome
Child ceased to be a ward of the High Court; adoption applications to be pursued in the District Court; leave to use filed documents granted; no order as to costs; anonymised decision may be published subject to limited conditions
Legal Topics
Wardship, Section 23 a Retrospective Leave to Adopt, Freeing Order Under Section 5 a, Jurisdiction and Transfer of Proceedings, Social Investigation and Suitability Assessment, Procedural Irregularities
Source Language
EN
Family Law Adoption Law Child Welfare Surrogacy Law Procedural Law Wardship Section 23 a Retrospective Leave to Adopt Freeing Order Under Section 5 a +3 more

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Parties

C

1st Plaintiff

L

2nd Plaintiff

A

1st Defendant

D

2nd Defendant

The Director of Social Welfare

3rd Defendant

Procedural Posture

Wardship and Adoption Related Proceedings Under the High Court and Adoption Ordinance / Decision on Paper (dewarding Order and Directions)

Legal Issues

  1. 1 Whether the Child should remain a ward of the High Court
  2. 2 Whether leave should be granted under s23A AO to allow plaintiffs to adopt the Child
  3. 3 Whether an adoption application in the District Court should be transferred to the Court of First Instance

Ratio Decidendi

The Child was dewarded because there was no evidential basis that she required the protection of the High Court, the social investigation did not supply sufficient material to determine adoption, and the statutory scheme designates the District Court as the proper forum for applications under sections 23A and 5A of the Adoption Ordinance; accordingly transfer to the CFI and continuation of wardship were not justified.

Court Disposition

Child ceased to be a ward of the High Court; adoption applications to be pursued in the District Court; leave to use filed documents granted; no order as to costs; anonymised decision may be published subject to limited conditions

Orders

  • The Child do cease to be a ward of this Court.
  • Any application under section 23A and/or section 5A of the Adoption Ordinance is to be made in the Family Court of the District Court.