Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Access/contact enforcement

Legal area

Court

2 Aug 2018

VK v. SAFG

Citation

[2018] HKFC 126
Court

Family Court
Case number

FCMC16220/2012

Leave to relocate was granted because, applying the Payne guidance adapted to a non‑caretaking applicant, the father’s plan was genuine and realistic, relocation best served the child’s welfare given the child’s secure attachment to the father, the mother showed concerning behaviour/mental health, visa and financial instability, and active obstruction of access; therefore care and control was varied to the father while joint custody was retained and reasonable access granted to the mother.
6 Jan 2015

RK v. YS

Citation

RK v. YS
Court

Family Court
Case number

FCMC4931/2012

The court found the mother's application genuine and realistic based on consistent social investigation reports, credible maternal evidence, concrete accommodation and schooling arrangements in Kashiwa, demonstrable financial need and family support in Japan, the children's interests (including AK's expressed wish) and absence of proven active alienation; accordingly relocation was permitted because it was compatible with the paramount welfare of the children and appropriate access orders and safeguards could protect the father's relationship.