Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Parental consent

  • 6 Jan 2023

    LKW v. THY

    Citation
    [2023] HKFC 10
    Court
    Family Court
    Case number
    FCMP218/2019

    Given the child’s young age (6-10) and the minimal weight to be accorded to her views, the significance of preserving the biological link with the father, and the cogent recommendation of the social welfare officer against the change (coupled with the father's withdrawn consent but genuine effort to rebuild the relationship), the court concluded that changing the child's surname to the stepfather's would not be in the child's best interests and dismissed the application.

  • 25 Apr 1989

    RE L

    Citation
    RE L
    Court
    Court of Appeal
    Case number
    CACV31/1989

    The appeal was dismissed because the trial judge, who had the advantage of seeing and hearing the parties, properly exercised his discretion under section 5(5D) and was entitled to find the applicant was not genuine or sincere in seeking to resume parental rights; that finding meant the applicant failed the primary threshold for relief and there was no error of law or principle warranting appellate intervention.

  • 21 Feb 1986

    RE PHILIPS, DIANA KIT YAN

    Citation
    RE PHILIPS, DIANA KIT YAN
    Court
    Court of First Instance
    Case number
    HCAD2/1985

    The father's withholding of consent was not found to be unreasonable and, even if it had been, the court would not have exercised its discretion to dispense with consent in the circumstances of remarriage and step-parent adoption; consequently no adoption order should be made and the court will not decide issues of nationality or right of abode as part of the adoption proceedings.