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Hong Kong decisions
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The Court of Appeal refused leave to appeal in a child custody dispute, holding the proposed grounds only reargued factual findings and showed no reasonable prospect of success.
Maintaining the children's existing stable arrangement in Hong Kong best serves their welfare: joint custody is appropriate; father is the more suitable person for day-to-day care and control because he is the established primary carer, provides stability for schooling and daily needs, and there is no proven risk of harm; mother is granted reasonable contact; travel to Mainland for visits is permitted given historical practice and absence of objection from father.
Source excerpt
The Court of Appeal refused the father’s renewed out-of-time leave to appeal in a child relocation case, holding that none of the proposed grounds had a reasonable prospect of success.
香港家庭法院批准母亲将两名子女迁往加拿大基隆那；法院认为申请真实且合理，并以孩子最佳利益为先，尤其重视长子学习需要。
The Court of First Instance refused leave to appeal against interim child orders, finding the proposed appeal had no real prospect of success and was largely academic.
The court granted the mother leave to relocate the child to Zurich, refusing the father’s Los Angeles application and varying care and control to the mother.
Court accepted social welfare and clinical psychologist reports that there was no evidence mother deliberately alienated the child; the child, competent for his age, expressed a settled wish to live with mother; maintaining stability and status quo was in the child's best interests; therefore order varied to joint custody with mother having care and control and a defined contact regime for father, and limited travel permission for mother with safeguards.
Source excerpt
The court varied a child-arrangements order, kept joint custody, granted care and control of both children to the father, and set defined access and holiday sharing for the mother.
The court varied a prior relocation order to allow the mother to move with the child to Singapore without first obtaining a mirror order, subject to undertakings.
The District Court dismissed the father’s bid for sole care and control, allowed the mother to relocate the child to Singapore, and made a section 18 declaration.
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