Hong Kong Case Law: Decisions & Judgments

Topic

Guardianship of minors

Legal area

Court

15 Nov 2023

LDL also known as L, DS v. F, S

Citation

[2023] HKFC 227
Court

Family Court
Case number

FCMP226/2021

Applying the paramount welfare principle and the Payne/SMM framework, the court found the children were settled in Hong Kong, expressed a clear wish to remain, and benefited from stability, schooling and family life there; the mother’s proposals were uncertain and linked to further relocation to Europe, risking repeated uprooting; the Social Welfare Officer’s recommendation and the children’s wishes carried substantive weight; accordingly returning the children to the Philippines was not in their best interests and the relocation application was dismissed, with care and control to the father…
31 Aug 2022

CKFG v. WHHK

Citation

[2022] HKFC 183
Court

Family Court
Case number

FCMC9093/2018

Relocation dismissed because it was not in the children's best interests: the mother's plan was inadequately researched and inconsistent, financially unrealistic and insufficiently documented, she failed to consult the father or make detailed arrangements for schooling and accommodation, and the social worker's report and the limited weight to uninformed wishes of the children supported refusal.
15 Oct 2021

L W S v. T M L T

Citation

[2021] HKFC 204
Court

Family Court
Case number

FCMP129/2019

The court has jurisdiction to order interim maintenance against the Respondent notwithstanding the statutory presumption of paternity because the Respondent failed to seek scientific testing and the court may draw an adverse inference; on a broad‑brush approach the Son's immediate reasonable needs were assessed at HK$23,000 per month and the Father was ordered to pay that sum commencing 15 October 2021, with undertakings to pay or reimburse ABA and speech therapy up to HK$46,000 per month and medical/dental expenses up to HK$20,000 per year, and other procedural directions for expert update a…
11 Mar 2021

G, DV also known as DL.V v. GVNA also known as VNA. G

Citation

[2021] HKFC 55
Court

Family Court
Case number

FCMC7518/2017

The court found shared care in AG's welfare best interest and ordered a 2:2:5:5 term-time shared care regime (mother Wednesdays and Thursdays, father Mondays and Tuesdays) with weekends alternated after the first post-Easter weekend to mother; practical constraints such as the school bus did not outweigh the welfare benefits of alternating weekends; each party to arrange school transport when child is in their care; costs order nisi to be made absolute in 14 days with petitioner’s costs taxed under Legal Aid Regulations and a further hearing fixed.
3 Aug 2018

LWS v. LAJ

Citation

[2018] HKFC 128
Court

Family Court
Case number

FCMC10209/2017

The judge found that although the mother's delay in withdrawing the petition was unfortunate, her conduct did not amount to unreasonable litigation conduct sufficient to depart from the usual position in child-related matters; therefore no order as to costs was made in respect of the order dated 9 April 2018, with costs to be taxed party and party if not agreed and the mother's costs to be taxed under Legal Aid Regulations.
11 Apr 2018

WGL v. ASB

Citation

[2018] HKCA 203
Court

Court of Appeal
Case number

CAMP27/2018

Leave to appeal was refused because the judge made a factual finding of lack of proper disclosure by the Mother of HK$13.7 million transferred from her account, and that factual finding meant it was not reasonably arguable that the judge erred in exercising her discretion to refuse litigation funding; costs were awarded to the Respondent and an order was made under Order 59 r 2A(8) preventing requests for oral reconsideration.
7 Jul 2017

HMSE v. JJS

Citation

HMSE v. JJS
Court

Court of First Instance
Case number

HCMP1073/2017

Leave to appeal was refused because the applicant had no reasonable prospect of success: the judge correctly found the mother changed position by seeking a full mother's allowance, there was no causal link between the respondent's solicitors' letter and that change, and the judge was not plainly wrong in ordering costs for the vacated hearing; the application was totalling without merit and costs were fixed at $10,000.
7 May 2013

LM v. SCCM

Citation

LM v. SCCM
Court

Court of Appeal
Case number

CACV77/2013

Because the jurisdiction appeal was properly arguable and fixed for expedited hearing, and because proceeding with the substantive hearing risked producing conflicting and irreversible orders (with potential prejudice to the children and duplication of costs), the appropriate exercise of discretion was to stay the Family Court proceedings pending determination of CACV 62/2013; the lower judge\'s directions to proceed were wrong in those circumstances; costs awarded to the successful appellant.
7 May 2013

LM v. SCCM

Citation

LM v. SCCM
Court

Court of Appeal
Case number

CACV62/2013

Leave to appeal on the jurisdiction issue had been granted and fixed for expedited hearing; because there was a real risk that proceeding with the substantive hearing would produce conflicting or irreversible orders and waste resources, the Court exercised its discretion to stay the underlying proceedings (FCMP 210/2012) pending determination of CACV 62/2013.
5 Apr 2013

DCP v. EDP

Citation

DCP v. EDP
Court

Family Court
Case number

FCMC9931/2010

The court found the mother's fear of permanent relocation unsubstantiated and placed significant weight on the social investigation reports and the children's wishes; the father's strong local ties, stable employment and credible undertakings made the risk of permanent removal minimal, therefore general leave for temporary removal for holidays up to 21 days was granted subject to specified undertakings and costs directions.