Hong Kong Case Law

黃 對 張

Court

Family Court

Case number

FCJA1178/2022

Maintaining the children's existing stable arrangement in Hong Kong best serves their welfare: joint custody is appropriate; father is the more suitable person for day-to-day care and control because he is the established primary carer, provides stability for schooling and daily needs, and there is no proven risk of harm; mother is granted reasonable contact; travel to Mainland for visits is permitted given historical practice and absence of objection from father.

Source excerpt

• Joint custody
• Care and control
• Contact/visitation
• Best interests of the child
• Social welfare report
• Inter-jurisdictional travel

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SSLT v. SMFC

Court

Family Court

Case number

FCMC11056/2017

The court varied a child-arrangements order, kept joint custody, granted care and control of both children to the father, and set defined access and holiday sharing for the mother.

• Care and control
• Access
• Custody variation
• Parental alienation
• Welfare of the child
• Social welfare report

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H v. W

Court

Family Court

Case number

FCMC8332/2017

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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TKY v. YSGA

Court

Court of Appeal

Case number

CAMP37/2024

The Court of Appeal refused leave to appeal in a child custody and access dispute, holding that the father’s grounds did not show a reasonable prospect of success.

• Custody
• Care and control
• Access/visitation
• Leave to appeal
• Judicial discretion
• Social inquiry officer reports

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王 對 謝

Court

Family Court

Case number

FCMC8940/2022

Child's welfare is paramount. On available evidence including the social welfare report and the child's expressed wishes, the child should continue to reside with the mother. However the father's access time must be increased and made more continuous to preserve and develop the father-child relationship. There was insufficient expert evidence to conclude deliberate parental alienation by the mother; therefore custody is not transferred. Transitional supervised arrangements and requirements (parenting courses, monitoring report, prohibition on removal) are necessary to secure access and the ch…

Source excerpt

• Care and control
• Visitation/access orders
• Best interests of the child
• Parental responsibility
• Interim and transitional supervision orders
• Enforcement and removal prohibition

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YHY v. YKM

Court

Family Court

Case number

FCMP235/2021

Family Court decision on custody, access, and a child’s name in a dispute between unmarried parents. Joint custody was maintained, care and control went to the Mother, and the Father received staged access.

• Joint custody
• Care and control
• Access and staying access
• Change of name
• Joint-custody
• Care-and-control

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TKY v. YSGA

Court

Family Court

Case number

FCMC2208/2023

The Family Court refused a father's application for leave to appeal against a custody and access order, finding no reasonable prospect of success on any ground.

• Leave to appeal
• Care and control
• Access/visitation
• Social investigation report
• Allegation of gender discrimination
• Leave-to-appeal

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劉 對 盧

Court

Family Court

Case number

FCMC12463/2018

Court refused the father's application and maintained the existing arrangement: mother retains care and control of both children and guardianship remains joint. Decision rested on the children's best interests as informed by social welfare reports and the children's expressed wishes, superior living conditions with mother, the importance of preserving sibling unity, the son's aversion to staying at the grandparents' home (including concerns about uncle's long-term mental illness), and the father's persistent use of coarse language and lack of insight which adversely affected his relationship…

Source excerpt

• Care and control
• Guardianship
• Access/visitation
• Best interests of the child
• Welfare checklist
• Social welfare reports

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王 對 万

Court

Family Court

Case number

FCMP72/2019

Applying Cap.13 s3 and the guiding factors in Payne, the court found relocation to Shenzhen to be in the child's best interests because father is the established primary carer, the relocation plan is feasible (suitable housing, supportive step‑mother, practical cross‑border access), social work reports recommended approval subject to school place confirmation, and the mother's relationship with the child can be maintained by defined visitation and daily electronic contact; accordingly father retains care and control and relocation is approved with specified conditions.

Source excerpt

• Relocation of child
• Care and control
• Access/visitation
• Child maintenance
• Best interests of the child

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PJM V. NPGP formerly known as GPN

Court

Family Court

Case number

FCMC4999/2014

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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