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Hong Kong Case Law

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Family law [2024] HKFC 226

H v. W

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.

  • Care and control
  • Child relocation (abroad)
  • Parental alienation
  • Child welfare and wishes
  • Decree absolute (section 18)
  • Access arrangements
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Family law [2024] HKFC 189

RM (aka RH) v. SRM

The District Court refused a mother’s third relocation application for her younger son to move to Japan, keeping care and control with the father and adjusting access.

  • Relocation application
  • Variation of care and control
  • Child welfare
  • Access/visitation
  • Weight of child's wishes
  • Child-relocation
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Family law [2024] HKFC 90

J, S aka SSJ v. J, ICV aka ICVJ

The court dismissed a father’s appeal against case management directions, refusing to order a Social Investigation Report and SJE report before the child relocation hearing.

  • Parental capacity
  • Social investigation report
  • Single joint expert (sje)
  • Case management
  • Variation of custody and relocation
  • Expert evidence admissibility
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Family law [2024] HKFC 48

HMS v. HMW

The court allowed the father’s application to relocate the two children to the UK, finding the move genuine, well researched, and in the children’s best interests.

  • Best interests of the child
  • Relocation of children
  • Welfare checklist
  • Access and contact arrangements
  • Bno visa scheme
  • Child-relocation
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Family law [2023] HKCA 1173

CN v. LYP

Court of Appeal granted leave and allowed a mother’s appeal in a child-relocation dispute, setting aside an order for relocation to Singapore and permitting relocation to Dongguan, China.

  • Relocation of children
  • Best interests of the child
  • Primary carer status
  • Leave to appeal
  • Stay of execution
  • Social investigation reports
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Family law [2023] HKFC 172

PJM V. NPGP formerly known as GPN

The Family Court granted the father leave to relocate two children to Sydney, finding the move genuine, realistic, and in the children’s best interests.

  • Relocation of children
  • Care and control
  • Access/visitation
  • Best interests/welfare checklist
  • Medical treatment for child
  • Schooling and special needs
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Family law [2023] HKFC 33

R, E also known as M, E v. P, OPM also known as P M, OPR

The Family Court ordered the father to pay monthly child maintenance for three children after he failed to participate and provide updated financial disclosure.

  • Child maintenance calculation
  • Failure to provide financial disclosure (form e)
  • Debarment under unless order
  • Service of documents
  • Mirror order
  • Child-maintenance
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Family law [2022] HKFC 203

A v. B

法院駁回母親申請,拒絕准許子女永久遷往悉尼。法官認為申請仍屬過早,且在疫情與孩子脆弱情緒狀況下,不符合最佳利益。

  • Relocation/removal of child
  • Best interests of the child
  • Access/contact arrangements
  • Custody
  • Expert evidence
  • Impact of covid-19 on travel
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Family law [2022] HKFC 36

CM v. GRP

The court rejected both parties’ homemade prenuptial/property agreements, applied the sharing principle, and ordered a sale and division of matrimonial assets with children maintenance.

  • Ancillary relief
  • Maintenance pending suit
  • Asset sharing and equalization
  • Validity of prenuptial/property agreements
  • Children maintenance and relocation
  • Sale and conduct of sale of matrimonial home
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Family law [2022] HKFC 24

ZFY v. SCHC

The Family Court granted a mother leave to relocate a child from Hong Kong to Chengdu, holding the child’s best interests favoured relocation subject to safeguards.

  • Relocation
  • Best interests of the child
  • Welfare checklist
  • Social investigation report
  • International social investigation report
  • Access/visitation
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.