Hong Kong Case Law: Decisions & Judgments

Topic

Joint custody

Legal area

Court

27 Apr 2026

ZZ v. LX

Citation

[2026] HKCA 868
Court

Court of Appeal
Case number

CAMP283/2023

Leave to appeal was refused because the proposed grounds amounted to challenges to the Judge's factual findings without demonstrating they were plainly wrong or involved a palpable error; the Judge applied correct legal principles, appropriately preferred and adopted Social Welfare Reports and PD v KWW as the leading authority on joint custody, and there was no reasonable prospect of success or other sufficient interest of justice to warrant an appeal.
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.
15 Mar 2024

YHY v. YKM

Citation

[2024] HKFC 49
Court

Family Court
Case number

FCMP235/2021

The court applied the paramount welfare principle and accepted the social welfare officer's recommendations; joint custody was appropriate and should not be varied because the parties were not high-conflict and joint custody facilitates co-parenting; care and control was awarded to the Mother with a staged access regime for the Father tied to the Child's age, sense of security and routine; the change of first name was refused because it was not in the Child's best interests given the established use of the current name and the Father's delay; a 12-month supervision order and progress report w…
9 Jan 2024

HKW v. YYC

Citation

[2023] HKFC 262
Court

Family Court
Case number

FCMC3123/2021

The court awarded joint custody but granted sole day-to-day care and control to the mother (petitioner) because she was the primary carer, had a more stable and flexible work schedule, and reliable support from family and an experienced domestic helper; the father's 8-day shifting roster limited his capacity to provide routine care. The court accepted and gave weight to the Social Investigation Reports' recommendations, imposed a 12-month supervision order, directed appointment of a parenting coordinator and made defined access arrangements for the father, balancing contact with the child's w…
1 Aug 2023

ZZ v. LX

Citation

[2023] HKFC 143
Court

Family Court
Case number

FCMP167/2018

The Mother failed to demonstrate a reasonable prospect of success on any of her grounds of appeal; on the facts and having regard to SIR recommendations and parental capacities the court concluded joint custody with care and control to the Mother was in the child's best interests; leave to appeal and stay of execution were dismissed and costs were awarded against the Mother in a sum the court found reasonable ($285,000).
9 May 2023

CHK v. CKT

Citation

[2023] HKFC 83
Court

Family Court
Case number

FCMC7553/2021

Given the children’s young ages and special needs, the mother as the primary and familiar carer should have sole care and control to maintain continuity of care; the mother’s treated depressive condition did not render her unsuitable; the father’s access must be substantial and structured to protect the children’s welfare and promote father‑child relationship; a 12‑month supervision order with staged staying access and clear information‑sharing requirements best serves the children’s interests.
27 Feb 2023

朱對易

Citation

[2023] HKFC 38
Court

Family Court
Case number

FCMC12673/2019

Court ordered joint custody for both parents but awarded care and control to the mother because the children expressly preferred to remain with her, she had been the primary caregiver, maintaining status quo was in the children's best interests, and the father's health, gambling debt, threatening conduct and forcible administration of medication undermined his suitability for care and control; reasonable access including overnight stays granted to father.
1 Sept 2022

NLC v. YMF

Citation

[2022] HKCA 1310
Court

Court of Appeal
Case number

CAMP22/2022

Leave to appeal was dismissed because there was no reasonable prospect of success: the trial judge's factual findings and evaluation that the Consent Order was lawfully agreed, that sole custody was working, and that no vitiating factors or material change justified variation fell within the permissible range of judgment; the social investigator's view that joint custody was "worth trying" did not override the need for finality in consent orders and did not demonstrate that varying the order was in the child's best interests; appellate interference was not warranted.
6 May 2022

CS v. WCT

Citation

[2022] HKCA 654
Court

Court of Appeal
Case number

CAMP93/2021

The Mother failed to show a reasonable prospect of success under s63A because her grounds were essentially re‑runs of trial complaints about evaluation of evidence and discretionary decisions without identifying palpable errors or misapplication of principle; the Judge's findings were supported by SWO and CP reports and observed parental cooperation and adjustment of the children; accordingly leave to appeal was refused and the Costs Order upheld.
6 May 2022

CS v. WCT

Citation

[2022] HKCA 654
Court

Court of Appeal
Case number

CAMP142/2021

The mother failed to show a reasonable prospect of success under s63A because the trial judge's factual findings and discretionary conclusions—supported by social welfare and psychological reports, evidence of effective parallel parenting and smooth handovers, and findings as to the children's adjustment—were not shown to be plainly wrong or based on error of principle; accordingly leave to appeal was refused and the judge's costs order was left undisturbed as a proper exercise of discretion given the wholly unmeritorious applications.