Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Change of name

  • 15 Mar 2024

    YHY v. YKM

    Citation
    [2024] HKFC 49
    Court
    Family Court
    Case number
    FCMP235/2021

    The court applied the paramount welfare principle and accepted the social welfare officer's recommendations; joint custody was appropriate and should not be varied because the parties were not high-conflict and joint custody facilitates co-parenting; care and control was awarded to the Mother with a staged access regime for the Father tied to the Child's age, sense of security and routine; the change of first name was refused because it was not in the Child's best interests given the established use of the current name and the Father's delay; a 12-month supervision order and progress report w…

  • 18 Jan 2024

    RE LARRY FEIGN

    Citation
    [2024] HKCFI 270
    Court
    Court of First Instance
    Case number
    HCMP2466/2023

    The court was satisfied the applicant had a real interest and that the Certificate of Registered Particulars together with the statutory declaration supported a targeted declaratory judgment confirming that the names lodged on 26 July 1985 were amended on 25 September 2003 as recorded; exercising its discretion the court granted the declaration limited to that factual change and made no further orders.

  • 6 Jan 2023

    LKW v. THY

    Citation
    [2023] HKFC 10
    Court
    Family Court
    Case number
    FCMP218/2019

    Given the child’s young age (6-10) and the minimal weight to be accorded to her views, the significance of preserving the biological link with the father, and the cogent recommendation of the social welfare officer against the change (coupled with the father's withdrawn consent but genuine effort to rebuild the relationship), the court concluded that changing the child's surname to the stepfather's would not be in the child's best interests and dismissed the application.

  • 27 Apr 2005

    RE MA WAI LAM

    Citation
    RE MA WAI LAM
    Court
    Court of First Instance
    Case number
    HCMP761/2005

    The court conditionally granted the application to amend the roll on the basis (for present purposes) that the court may exercise power to effect the amendment, but expressly reserved the substantive jurisdictional question for consideration before the Chief Judge; the grant was made on the express condition that the applicant publish notice of the name change in three prominent Hong Kong newspapers on two separate days in a form satisfactory to the Registrar, and that future similar applications be brought by notice of motion before the Chief Judge with the Law Society and Department of Just…

  • 12 Oct 2001

    C v. W

    Citation
    C v. W
    Court
    Family Court
    Case number
    FCMP207/2000

    Having weighed the welfare of the children as paramount, the court concluded that custody should be granted to the father because the children’s current welfare is best served in his care (domestic helper plus extended family support) and that changing the children’s names back would be contrary to their welfare given the children’s established sense of identity; accordingly custody awarded to father and application to change names refused.

  • 11 Feb 1985

    RE AN INFANT

    Citation
    RE AN INFANT
    Court
    Court of First Instance
    Case number
    HCA78/1982

    The father did not abandon the child under s.6(1)(a) but was found to be unreasonably withholding his consent under s.6(1)(c) due to insincere and unsupported objections; however, because any welfare benefit from adoption was marginal and adoption after remarriage requires rare and exceptional circumstances to dispense with consent, the court refused to exercise its discretion and denied the adoption application.