Hong Kong Case Law: Decisions & Judgments

Topic

Children's wishes

Legal area

Court

5 Jul 2024

HYCC, also known as CHYC v. OJW also known as WOJ

Citation

[2024] HKFC 134
Court

Family Court
Case number

FCMC9529/2019

Leave to relocate granted because the holistic welfare assessment favored relocation: mother is the primary emotional anchor for the children, the relocation plan was realistic and well researched, the children's wishes (particularly the son's) carry weight given his age and sensitivity, safety and schooling in Manila were acceptable, the negative impact on the mother (and thereby the children) of refusing leave was significant, and the father can maintain meaningful contact through access arrangements and travel.
14 Jun 2006

CLFM v. DWR

Citation

CLFM v. DWR
Court

Family Court
Case number

FCMC10658/1997

Leave to remove the children to Dubai was granted because the mother was found to be the primary carer, her application was genuine and realistic, the independent social welfare reports and the children’s expressed and reasoned preferences supported removal, and overall the children’s welfare (paramount consideration) favoured removal while maintaining joint custody and reasonable access for the father.
27 Jan 1997

C v. T

Citation

C v. T
Court

Family Court
Case number

FCMC3138/1992

Applying Cap 13 s.3 and having given proper weight to the Social Welfare reports and the children's expressed wishes, the court found the children settled and better cared for in the mother's household; a change would be disruptive given J's medical condition and critical schooling year; therefore variation to grant mother sole custody and care and control was necessary in the children's best interests; father to have reasonable access and to pay the mother's costs (order nisi).
30 Sept 1976

F v. K

Citation

F v. K
Court

Court of First Instance
Case number

HCMP41/1976

On the facts the court awarded custody of the boy S to his father and custody of the three daughters P, J and B to their mother because this arrangement best served the children's welfare given their settled living arrangements, the expressed wishes of the children and the special circumstances of the family; neither parent was found unfit and general gender presumptions were not applied as binding rules.

Hong Kong Case Law

HYCC, also known as CHYC v. OJW also known as WOJ

CLFM v. DWR

C v. T

F v. K