Hong Kong Case Law: Decisions & Judgments | LexChat

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  • 30 Mar 2022

    DH v. EMG

    Citation
    [2022] HKFC 57
    Court
    Family Court
    Case number
    FCMC7076/2018

    On a holistic assessment the child’s expressed wish to relocate, the genuineness and feasibility of Father’s relocation plan supported by Social Welfare and international reports, available family support and schooling in Germany, and adequate proposed undertakings to preserve maternal contact outweighed Mother’s concerns; therefore relocation with Father is in the child’s best interests and custody remains with Father.

  • 1 Feb 2012

    BWBP v. T KP nee DP

    Citation
    BWBP v. T KP nee DP
    Court
    Family Court
    Case number
    FCMC2128/2009

    Judge found the children had genuine shared care with substantial involvement by both parents; relocation to South Africa would materially diminish the father’s day‑to‑day role due to practical travel and roster constraints and would likely harm the father‑child relationship; social welfare reports and the children’s expressed preference to remain in Hong Kong supported retention of the status quo. On welfare grounds the application to permanently remove the children was refused.

  • 20 Dec 2000

    S v. Guardianship of Minors Ordinance, Cap.13

    Citation
    S v. Guardianship of Minors Ordinance, Cap.13
    Court
    Family Court
    Case number
    FCMP131/1999

    Although social workers and the Official Solicitor recommended custody remain with the father, the court found the multidisciplinary committee lacked sufficient basis for concluding child abuse and concluded that the mother's greater availability, capacity for consistent primary care, and ability to supervise S's development outweighed the father's limitations (limited time, reliance on elderly grandmother, emotional impulsivity and hostility). On the paramount welfare test the court ordered custody to the mother with reasonable access to the father and a 12‑month supervision order by the Dir…