Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Access/staying access

  • 29 Jun 2021

    HWY v. LCS

    Citation
    [2021] HKFC 126
    Court
    Family Court
    Case number
    FCMP201/2018

    The court ordered joint custody with care and control to the mother because the mother is the established primary carer, the children expressed a wish to remain with her, the Social Investigation Report supported care to the mother, the father had prolonged periods of minimal contact and paid inadequate maintenance until compelled by court orders, the father’s housing and proposed arrangements were impractical for long‑term care and the allegations of the mother’s misconduct were not proven. Those findings made awarding care and control to the mother demonstrably in the children's best intere…

  • 17 Aug 2015

    HTL v. K, RE

    Citation
    HTL v. K, RE
    Court
    Court of First Instance
    Case number
    HCMP1319/2015

    Leave to appeal was refused because the appeal had no reasonable prospect of success: the judge’s access order was based on evidence and the paramount consideration of the children’s best interests, the father improperly raised new grounds without explanation, there was no cogent evidence of bias, and the judge’s refusal to allow cross-examination and suspension of staying access fell within legitimate case management discretion.

  • 1 Aug 2002

    X v. Y

    Citation
    X v. Y
    Court
    Family Court
    Case number
    FCMC10242/2001

    Custody, care and control were awarded to the mother because the paramount welfare of the children favored her: established close emotional bond, children's clear and unanimous wishes, the status quo of shared living was harmful, joint custody was impracticable given conflict and lack of communication; respondent ordered to vacate the home and to pay specified child maintenance; matrimonial assets divided 50/50 in principle with respondent's share secured by a charge over the wife's property payable when the children are independent; costs largely borne by respondent.

  • 13 Feb 1985

    RE Y AND ANOTHER

    Citation
    RE Y AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA681/1982

    On the evidence of welfare, attachment between the siblings, parental capabilities, and the father's prior non-compliance, the court concluded that the best interests of these wards were served by vesting care and control in the mother and by imposing detailed timing for transfer and staying access; cultural considerations were noted but did not displace the welfare assessment.