Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child's welfare and wishes

  • 14 Oct 2020

    FYMB v. CCH

    Citation
    [2020] HKFC 210
    Court
    Family Court
    Case number
    FCMC9300/2012

    Applying the Guardianship of Minors Ordinance and the Payne guidance, the court found the Mother's relocation plan genuine and realistic, the Father's opposition genuine but the detriment finely balanced, and the Social Welfare Officer’s reports and the child's expressed mature wish decisive. It was therefore in the child's best interests to permit permanent relocation to Canada with the Mother as sole carer, subject to ordered access arrangements and financial provision; relocation deferred until no earlier than 28 December 2020 to minimize disruption and allow immigration processing.

  • 28 Mar 2007

    LEUNG v. SHENG

    Citation
    LEUNG v. SHENG
    Court
    Family Court
    Case number
    FCMC13188/2006

    Short, regular, supervised contact was ordered because the children had not seen their father for about a year, the older child expressed fear but would not overcome it without opportunity to build a relationship, and supervised twice‑monthly two‑hour sessions were judged most likely to protect the children's welfare while facilitating rebuilding of the parent‑child relationship.