Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child's wishes

  • 6 Dec 2024

    J v. Q

    Citation
    [2025] HKCFI 363
    Court
    Court of First Instance
    Case number
    HCMP2563/2024

    On balance the court concluded that interim care should be granted to the father because the child had spent the majority of his life with the father, a Shanghai court had adjudicated in favour of the father, the mother's removal of the child to Hong Kong was without consent and questionable, there was no independent evidence of psychological harm or risk, and the child's expressed wishes to the judge were likely the product of pressure and therefore given no weight.

  • 21 Jul 2023

    PHCM v. KP

    Citation
    [2023] HKFC 139
    Court
    Family Court
    Case number
    FCMC9325/2020

    Leave granted because the evidence established that it was in the child's best interests to study in the USA: the child clearly and consistently wished to do so, the social worker recommended it after thorough investigation, practical accommodation and financial support were in place, the mother's undertaking to care and return the child was credible, and the father's serious allegation of past fraud was unsubstantiated and unreasonable; accordingly the schooling plan was workable and preserved access.

  • 6 Sept 2013

    THE DIRECTOR OF SOCIAL WELFARE v. HSP

    Citation
    THE DIRECTOR OF SOCIAL WELFARE v. HSP
    Court
    Court of First Instance
    Case number
    HCMP598/2013

    On the evidence before the court, notably the mother's sworn declarations and the absence of contradicting evidence from Mr Huang, the presumption that Mr Huang was the biological father of HY, YY and M is rebutted on a balance of probabilities; consequently Mr Huang is not a person whose consent is required under s5(5)(a) of the Adoption Ordinance and no dispensation order is necessary in respect of those children.

  • 6 Aug 2007

    Y v. L

    Citation
    Y v. L
    Court
    Family Court
    Case number
    FCMC4933/2006

    Although the short-term status quo favored the father, the court found the status quo weight limited because it had existed only 15 months; the mother is better placed long-term to meet the child’s emotional, educational and developmental needs (including through adolescence), the paternal grandmother is elderly and did not participate in proceedings, the child expressed a preference for living with her mother, and the father’s past history (despite a negative current drug test) and cramped shared accommodation weighed against awarding him custody; accordingly custody was awarded to the mothe…

  • 9 Oct 1998

    Y v. L

    Citation
    Y v. L
    Court
    Family Court
    Case number
    FCMC695/1995

    Applying the paramount welfare principle and giving weight to the genuinely expressed wishes of this 9‑year‑old, together with the Social Welfare Department's recommendation and realistic assessment of the mother's ability to supplement Chinese education, the court concluded that maintaining the child's current schooling at Marymount is in her best interests and the father's application to prevent the transfer is allowed.