Hong Kong Case Law

馮 對 馮

Court

Family Court

Case number

FCMC14182/2017

Applying the statutory best‑interests test, the court accepted social workers’ findings and credible evidence that the mother is the primary caregiver providing stable, suitable care and that the parents cannot reasonably cooperate on major decisions; stability and the child’s expressed wishes favored maintaining the existing arrangements, therefore sole custody, care and control was awarded to the mother while defined access was granted to the father per the prior temporary order.

Source excerpt

• Custody
• Care and control
• Access/visitation
• Best interests of the child
• Parental responsibility
• Parental communication

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WW v. LLN formerly known as LSM

Court

Family Court

Case number

FCMC4996/2018

The District Court refused a husband’s application for leave to appeal against maintenance pending suit, upholding the interim MPS and litigation funding orders.

• Maintenance pending suit
• Leave to appeal
• Litigation funding
• Ancillary relief
• Burden of proof
• Separation of finances

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YLK v. LWK

Court

Family Court

Case number

FCMC3255/2018

The court awarded interim maintenance to a wife and child, fixed monthly sums at HK$4,000 and HK$4,400, and refused to backdate the order.

• Interim maintenance
• Child maintenance
• Spousal maintenance
• Assessment of means
• Ancillary relief
• Interim-maintenance

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梁 對 陳

Court

Family Court

Case number

FCMC12162/2015

Given the child's age (6), established primary care by the mother, the lack of mutual trust between parents, the absence of evidence that mother’s concerns are well-founded to the point of precluding supervised contact, and the social worker's detailed, impartial recommendation, the court concluded the child's best interests are served by joint legal custody with the mother having care and control, supervised daytime non‑overnight contact for the father of three hours weekly with a third party present, social welfare monitoring for 12 months, and a prohibition on taking the child out of juris…

Source excerpt

• Custody
• Care and control
• Contact/visitation
• Supervised contact
• Social welfare reports
• Psychological assessment

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HKSAR v. EJEGI, EDWIN ROBORT

Court

Court of First Instance

Case number

HCMA162/2016

The High Court dismissed a magistracy appeal against a common assault conviction, upholding the magistrate’s credibility findings and rejecting any lurking doubt.

• Common assault
• Credibility of witnesses
• Burden of proof beyond reasonable doubt
• Lurking doubt doctrine
• Common-assault
• Criminal-appeal

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CWYW v. CCH

Court

Family Court

Case number

FCMP124/2013

The court made a child-maintenance award under s 10(2) GMO, rejecting many inflated or unsupported claims but ordering monthly payments and limited lump sums.

• Carer\u2019s allowance
• Periodical payments
• Maintenance quantum
• Disclosure of financial means
• Backdated reimbursements
• Security of payments

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BDL v. CMS

Court

Family Court

Case number

FCMC9446/2014

Court varied interim access orders for a 2-year-old child, phased in longer daytime contact, and ordered overnight staying access to begin later with updated expert reports.

• Access/visitation
• Staying access/overnight access
• Custody and care and control
• Psychological assessment
• Social welfare investigation
• Child-access

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LSLR v. LHW

Court

Family Court

Case number

FCMC10819/2002

The court varied a consent maintenance order, reducing the wife’s maintenance to HK$3,500 per month and backdating the change to 1 August 2012.

• Variation of maintenance
• Backdating orders
• Assessment of income and earning capacity
• Consent order variation
• Variation-of-maintenance
• Backdating-orders

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TK v. MJBL

Court

Family Court

Case number

FCMC1551/2012

法庭裁定申請人未能證明雙方在呈請前已連續分居兩年，因此離婚呈請被駁回，並就費用作出不作命令。

• Divorce
• Separation
• Irretrievable breakdown
• Costs
• Family-law
• Matrimonial-law

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C v. L

Court

Family Court

Case number

FCJA1467/2001

The court varied maintenance after a de novo assessment, imputing income to the Wife, reducing the monthly order to $10,000, and recalculating arrears to $160,200.

• Variation of maintenance orders
• Periodical payments
• Notional income
• Financial disclosure
• Set-off of overpayment
• Committal for non-payment

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