YCR also known as CRY v. YSJ nee SJE
香港家庭法院批准母亲将两名子女迁往加拿大基隆那;法院认为申请真实且合理,并以孩子最佳利益为先,尤其重视长子学习需要。
- Child welfare
- Relocation
- Access/visitation
- Special educational needs
- Parental responsibility
- Guardianship
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香港家庭法院批准母亲将两名子女迁往加拿大基隆那;法院认为申请真实且合理,并以孩子最佳利益为先,尤其重视长子学习需要。
The court ordered DNA testing, including exhumation-based paternity testing and a sibling control, to determine a child’s parentage in a probate dispute.
The District Court refused a mother’s third relocation application for her younger son to move to Japan, keeping care and control with the father and adjusting access.
District Court judgment on competing applications to vary child maintenance. The Father’s downward variation failed; the Mother obtained interest on a reimbursed education sum.
After a broad-brush assessment of both parties s reasonable expenditures and the child s needs, the court calculated the child s monthly need at HK$27,000 and concluded the father had capacity to pay more than HK$13,000; balancing the parties positions the court ordered HK$15,500 per month as appropriate maintenance, declined to order retrospective arrears, and ordered each party to bear their own costs.
Source excerpt
The court refused a section 18 declaration and denied an expedited decree absolute, finding no satisfactory child arrangements or formal undertakings and real financial prejudice.
The court accepted the social welfare investigation reports which recommended maintaining the status quo because the two children had adapted to living with the father, their welfare (including expressed wishes) and current stability favoured continuation of father’s care pending trial; accordingly the father was granted interim care and control and the mother interim defined access as detailed, and no costs order was made.
Source excerpt
The court granted the mother leave to relocate the child permanently to California, applying a child-welfare analysis that gave weight to the child’s wishes, education, and the mother’s practical need to move.
Applicant failed to prove a material and unforeseeable deterioration in his financial position; the court accepted that applicant could access rental proceeds and had a monthly income of at least HK$46,000; therefore it would be unjust to discharge undertakings or vary the consent order; the application to change the consent order is dismissed and costs awarded to respondent.
Source excerpt
The court varied interim child arrangements, ordered structured term-time access for the father, kept care and control with the mother, and directed therapy and a parental coordinator.
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