Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 11 Feb 2026

    黃 對 張

    Citation
    [2026] HKFC 20
    Court
    Family Court
    Case number
    FCJA1178/2022

    Maintaining the children's existing stable arrangement in Hong Kong best serves their welfare: joint custody is appropriate; father is the more suitable person for day-to-day care and control because he is the established primary carer, provides stability for schooling and daily needs, and there is no proven risk of harm; mother is granted reasonable contact; travel to Mainland for visits is permitted given historical practice and absence of objection from father.

  • 25 May 2023

    楊 對 姚

    Citation
    [2023] HKFC 90
    Court
    Family Court
    Case number
    FCMC13440/2018

    The court applied the paramountcy of the children's welfare, gave significant weight to the children's clear and consistent wishes (having capacity to express them), and to contemporaneous social welfare reports showing stable, appropriate care with the father for over two years; on that basis maintaining continuity and stability required awarding care and control to the father while retaining joint guardianship and defined access for the mother.

  • 5 May 2023

    陳 對 陳

    Citation
    [2023] HKFC 81
    Court
    Family Court
    Case number
    FCMC8940/2020

    Both parents were capable and loving but, on balance, maintaining the status quo was in the child's best interests: father was granted care and control because the child had mostly lived with him at the principal residence, his accommodation was objectively superior and closer to the child's school, and experienced family and domestic support were available; social worker reports supported joint custody with father having day‑to‑day care and detailed contact for mother. Given prior volatile exchanges, supervised/neutral handover locations and social worker assistance were necessary to protect…

  • 24 Mar 2022

    鍾 對 何

    Citation
    [2022] HKFC 60
    Court
    Family Court
    Case number
    FCMC7281/2019

    Applying the paramount principle of the child's best interests and giving significant weight to the child's clearly expressed preference, the contemporaneous social welfare reports, and practical considerations (school location, travel burden, parental distrust and inter‑parental conflict rendering shared care impracticable), the court awarded sole care and control to the mother and established contact for the father as specified.

  • 18 Jun 2019

    胡 對 陳

    Citation
    [2019] HKFC 160
    Court
    Family Court
    Case number
    FCJA3208/2016

    The court held that the children's best interests required maintaining the status quo of maternal care and control while granting joint parental custody because (i) the children's welfare and current arrangements under the consent order were satisfactory; (ii) the mother's caregiving and availability were assessed superior on the evidence; (iii) the children's wishes and proximity to school were relevant but not determinative; and (iv) the parents are capable of cooperating, making joint custody appropriate with mother having care and control.

  • 31 Aug 2018

    梁 對 陳

    Citation
    [2018] HKFC 145
    Court
    Family Court
    Case number
    FCMC12162/2015

    Given the child's age (6), established primary care by the mother, the lack of mutual trust between parents, the absence of evidence that mother’s concerns are well-founded to the point of precluding supervised contact, and the social worker's detailed, impartial recommendation, the court concluded the child's best interests are served by joint legal custody with the mother having care and control, supervised daytime non‑overnight contact for the father of three hours weekly with a third party present, social welfare monitoring for 12 months, and a prohibition on taking the child out of juris…