Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interim care and control

  • 10 Jun 2025

    HSC AND ANOTHER v. 丁

    Citation
    [2025] HKCFI 2483
    Court
    Court of First Instance
    Case number
    HCMP707/2025

    Substituted service was refused because no attempt had been made to effect service by the prescribed methods or to seek service out of jurisdiction, service via the agent was unreliable and the surrogates' consents did not excuse proper service; interim care and control was refused in the absence of emergency or established legal motherhood of the Wife; leave was granted to adduce further expert evidence on PRC law and to file a further affirmation to clarify whether and how PRC law permits surrender/transfer of maternal rights and whether surrogates can assist in Hong Kong identity card/sing…

  • 10 Jun 2025

    HSC AND ANOTHER v. 田

    Citation
    [2025] HKCFI 2483
    Court
    Court of First Instance
    Case number
    HCMP706/2025

    Substituted service via the agent was refused because no attempts were made to effect service by prescribed methods, substituted service cannot be justified by speed alone, the proposed agent was unreliable and unqualified to effect service, and written consents did not extinguish procedural requirements; application for interim care and control was dismissed for lack of necessity or emergency and because the Wife's legal maternal status was not established; leave was granted to file a further PRC expert report and further affirmation to address whether Surrogates can relinquish maternal righ…

  • 30 Apr 2024

    SG v. GDV

    Citation
    [2024] HKFC 93
    Court
    Family Court
    Case number
    FCMC10217/2020

    The ex-parte applications were dismissed because the father failed to establish the required extreme urgency or secrecy to justify ex-parte mandatory relocation orders, the mother (who shares interim care) was entitled to be notified and heard, and the father's repeated prior dismissals rendered the ex-parte process an abuse of court process.

  • 28 Sept 2023

    鄭 對 周

    Citation
    [2023] HKFC 195
    Court
    Family Court
    Case number
    FCMC1181/2023

    The judge found the respondent had not shown a reasonable prospect of success: the child's welfare was at material risk, social welfare reports and urgent psychological assessment could not proceed while the respondent obstructed cooperation, the respondent repeatedly ignored court directions and made unsubstantiated allegations that hindered professional assessment; accordingly the interim transfer of care to the petitioner was necessary and leave to appeal was refused.

  • 14 May 1985

    C.(W.Y.)

    Citation
    C.(W.Y.)
    Court
    Court of First Instance
    Case number
    HCMP840/1985

    On the evidence, notably the social welfare officer's reports and the medical risk posed by the paternal grandparents, the court concluded the children's welfare required interim care and control to be vested in the mother; interim maintenance was ordered against the father at HK$2,000 per child per month from 1 May; access was limited on medical grounds and the children remain wards, with liberty for either party to apply on changed circumstances.