Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Best interests/welfare checklist

  • 23 Aug 2023

    PJM V. NPGP formerly known as GPN

    Citation
    [2023] HKFC 172
    Court
    Family Court
    Case number
    FCMC4999/2014

    Relocation was granted because, on a holistic balancing exercise with the welfare of the children paramount, the father demonstrated genuine and realistic proposals: superior and more accessible medical and rehabilitative services for T in Australia, feasible schooling options for both children, credible support from the stepmother and paternal family, and generous access and flight undertakings to preserve the mother-child relationship; refusal would negatively affect the father's ability to provide stable care and delay critical treatment for T.

  • 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 Sept 2020

    陳 對 梁

    Citation
    [2020] HKFC 193
    Court
    Family Court
    Case number
    FCMC4979/2015

    On the evidence and welfare inquiry the court concluded the child's best interests require that the father retain care and control (with guardianship/shared custody for parental decision‑making), because the father provides a stable, supportive environment in which the child is settled at school in Hong Kong, the mother has not shown a superior or practicable care plan notwithstanding recovery, and there is no present reason to change the existing care arrangement; existing access arrangements for the mother continue; no order as to costs was made.