Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Change of custody

  • 25 May 2023

    楊 對 姚

    Citation
    [2023] HKFC 90
    Court
    Family Court
    Case number
    FCMC13440/2018

    The court applied the paramountcy of the children's welfare, gave significant weight to the children's clear and consistent wishes (having capacity to express them), and to contemporaneous social welfare reports showing stable, appropriate care with the father for over two years; on that basis maintaining continuity and stability required awarding care and control to the father while retaining joint guardianship and defined access for the mother.

  • 25 Aug 2017

    甄 對 侯

    Citation
    甄 對 侯
    Court
    Family Court
    Case number
    FCMC4063/2012

    Court accepted the social welfare officer's reports and the child's clear preference to remain living with his mother; emotional stability and continuity with the mother outweighed the father's superior financial means and recent improvements in contact; changing care and control would cause significant environmental disruption and was therefore not in the child's best interests, so the father's application was dismissed and the mother retained care and control with the father granted reasonable access.

  • 3 Apr 1980

    LIP LAI-MING v. LAI SIU-HUNG

    Citation
    LIP LAI-MING v. LAI SIU-HUNG
    Court
    District Court
    Case number
    DCMP401/1979

    Applying s.10(1) of the Guardianship of Minors Ordinance and weighing welfare, conduct and wishes, the court awarded custody to the applicant because overall welfare favoured maternal care: the maternal grandmother was a more suitable surrogate parent, accommodation was slightly better, and these considerations outweighed respondent's recovery and claims to custody.