Hong Kong Case Law: Decisions & Judgments

Topic

Access (visitation)

Legal area

Court

31 Mar 2023

ZZ v. LX

Citation

[2023] HKFC 62
Court

Family Court
Case number

FCMP167/2018

On the evidence the parents are competent, loving and capable of rational co-operation; the mother has de facto care and control but the father has a close, harmonious relationship with the child; the court rejects the assertion that cooperation is impossible and holds that joint custody better serves the childs best interests while maintaining care and control with the mother to preserve stability; access is defined as bi-monthly day access and limited video contact, staying access and fathers leave to remove the child are refused for now, with a 9-month supervision order and a progress re…
6 Apr 2022

WKI also known as IWKV v. CKW also known as WCKW

Citation

[2022] HKFC 61
Court

Family Court
Case number

FCMC11528/2019

Leave to appeal was refused: (1) leave to appeal out of time in respect of the 12 November 2021 interim access order was refused because the Fathers 1.5 month delay was substantial, his explanation (to save court resources by seeking variation first) was unsatisfactory and amounted to abuse/second bite, and (2) on the merits there was no reasonable prospect of success because the judge properly considered the Social Investigation and Psychological Reports, the childs expressed wishes and the best interests principle and did not err in exercising discretion; the application to vary the inter…
3 May 2019

梁對藍

Citation

[2019] HKFC 113
Court

Family Court
Case number

FCMC6208/2016

On the evidence, including three social welfare reports, the court found both parents care for and are committed to the children and can cooperate; shared guardianship and shared care and control best serve the children’s welfare. Mother awarded primary weekday care (Monday after school to Friday morning) and father awarded weekend care (Friday after school to Monday morning), with reasonable contact preserved; sole custody to either parent was inappropriate given demonstrated cooperative parenting and remedial steps taken after past incidents.
30 Sept 2016

CCMJ v. SSM formerly known as SKL

Citation

CCMJ v. SSM formerly known as SKL
Court

Family Court
Case number

FCMP67/2010

Both summonses were dismissed because resumption of the 13/3/2014 defined interim access was not shown to be in the child's best interests given changed circumstances and lack of evidence that the historical schedule fits the child's current needs; long term general access must be pursued through proper application within a fixed time or, failing that, reasonable access with removal restrictions will be ordered.
27 Apr 2012

CKM formerly known as CHY v. SKL

Citation

CKM formerly known as CHY v. SKL
Court

Family Court
Case number

FCMP67/2011

CKM formerly known as CHY v. SKL
28 Sept 2006

TYCZ v. SKY

Citation

TYCZ v. SKY
Court

Court of First Instance
Case number

HCMP938/2006

Leave to appeal was refused because the Court was not satisfied that the trial judge's primary factual findings were plainly wrong; the judge properly exercised his discretion in concluding that awarding sole custody, care and control to the wife with the ordered access for the husband was in the paramount interest of the children.
27 May 2006

Y v. T

Citation

Y v. T
Court

Family Court
Case number

FCMC5203/2005

Custody was awarded to the mother because the SWO's investigation established stronger emotional attachment and happier interaction with the mother, the children expressed fear of the father due to corporal punishment and the father-child relationship was remote; these findings, combined with the paramountcy of the children's welfare and the need for continuity, justified granting custody to the mother while providing supervised weekly access to the father and imposing a 12-month supervision order with a progress report in nine months.
6 Mar 1997

P v. P

Citation

P v. P
Court

Court of Appeal
Case number

CACV256/1996

The majority allowed the appeal because the judge gave undue weight to an illusory status quo: the living arrangements had materially changed in January 1996 when the trusted domestic helper was dismissed and Miss T and her children moved in, a fact insufficiently examined. Given the evidence and the paramountcy of the children's welfare, care and control should be transferred to the mother; the appellate court applied the G v G standard and concluded the threshold to overturn was met.
14 Dec 1984

CHOW CHEUNG SUK KING v. CHOW YAN PIU

Citation

CHOW CHEUNG SUK KING v. CHOW YAN PIU
Court

Court of Appeal
Case number

CACV180/1984

Although parents were equal in fitness, the Court of Appeal found that keeping the children in their current home with the father better served the children's welfare given the less disruptive, more certain childcare and superior living environment; therefore the appeal was allowed and custody was granted to the father.