Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Parental access

  • 21 Jul 2023

    PHCM v. KP

    Citation
    [2023] HKFC 139
    Court
    Family Court
    Case number
    FCMC9325/2020

    Leave granted because the evidence established that it was in the child's best interests to study in the USA: the child clearly and consistently wished to do so, the social worker recommended it after thorough investigation, practical accommodation and financial support were in place, the mother's undertaking to care and return the child was credible, and the father's serious allegation of past fraud was unsubstantiated and unreasonable; accordingly the schooling plan was workable and preserved access.

  • 28 Jul 2021

    BL v. SJY

    Citation
    [2021] HKFC 148
    Court
    Family Court
    Case number
    FCMC7831/2008

    Judge accepted mother’s plan as genuine and realistic, gave substantial weight to child’s clear and reasoned wishes, the mother’s role as primary carer, the educational advantages and practicability of relocating to the US, and the significant financial and welfare risks of requiring mother and child to remain in Hong Kong; father’s opposition was not sufficient to outweigh the child’s best interests, hence leave to remove was granted.