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Hong Kong decisions
Decisions matching the current search
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 Family Court varied a 2011 child maintenance order upward, held it had jurisdiction, backdated the variation to 20 December 2023, and refused most lump sum claims.
The Family Court dismissed the respondent’s application for leave to appeal and stay of execution, holding there was no reasonable prospect of success.
The District Court dismissed a father’s application for leave to appeal in long-running guardianship and maintenance proceedings, and awarded costs to the mother.
The District Court refused a father’s application for leave to appeal against a relocation order permitting the mother to move the children to Kelowna, Canada.
The District Court dismissed a pre-action discovery application because the plaintiff filed no supporting evidence, gave no proper basis, and did not attend the hearing.
The Family Court varied child access arrangements, lifted travel restrictions subject to undertakings, declined counselling reviews, and ordered the mother to pay HK$40,000 costs nisi.
The District Court held it had jurisdiction to hear a guardianship application under s. 8D(2)(b) of the GMO, and dismissed the respondent’s forum non conveniens challenge.
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.
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