YCR also known as CRY v. YSJ nee SJE
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。
- Child welfare
- Relocation
- Access/visitation
- Special educational needs
- Parental responsibility
- Guardianship
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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 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 court granted the mother leave to relocate the children to the Philippines, finding the plan realistic and the children’s welfare better served by relocation.
Ex-parte applications for temporary and permanent removal of two children to the USA were dismissed for lack of extreme urgency and as an abuse of process.
The judge correctly applied s63A Cap.336 and concluded the father had no reasonable prospect of success nor other reasons of fairness to justify permission to appeal because the mother had re-established the child's life in Hong Kong with social services' involvement, the child attended school locally, the abduction risk was low, and available cross-border enforcement reduced the need to refuse short travel; accordingly the father's permission-to-appeal application was dismissed and costs awarded to the mother.
Source excerpt
District Court dismissed a mother’s relocation bid to move two children from Hong Kong to the Philippines, keeping care and control with the father.
Children relocation case where the court granted the father leave to move the children to England, with generous contact arrangements for the mother.
The Family Court granted the father leave to relocate the child to Germany, dismissed the mother’s variation application, and kept custody, care and control with the father.
The District Court granted the mother’s application to relocate the two daughters to the UK, ordered joint custody, and required supervised access for the father.
The Court of Appeal allowed a mother's appeal and granted leave to remove two children to Vancouver for education, holding the trial judge had erred in weighting the children's wishes and the welfare analysis.
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