Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Relocation application

  • 14 Oct 2024

    RM (aka RH) v. SRM

    Citation
    [2024] HKFC 189
    Court
    Family Court
    Case number
    FCMC7451/2016

    Although the mothers application was genuine and her plan realistic, the court refused relocation because L is presently well settled in Hong Kong, doing well at school, and the Social Investigation Officer recommended he remain; Ls wishes were given little weight due to immaturity and fluctuation; the overall welfare balancing showed no net benefit from relocating and potential detriment to the established relationship and stability with the father.

  • 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…

  • 13 Apr 2018

    COKA v. RMTP

    Citation
    [2018] HKFC 50
    Court
    Family Court
    Case number
    FCMP180/2017

    Starting from the parties' shared premise that each should bear 50% of the child's expenses, the court calculated the child's immediate reasonable needs against the mother's demonstrable income and the father's precarious finances. The court adjusted the father's notional housing cost and excluded discretionary items, concluded the mother could afford a substantial contribution, and fixed interim maintenance at HK$8,000 per month from 1 May 2018 for three months. The court refused to backdate the order due to potential intolerable burden on the mother. Pending receipt of testing/reporting and…

  • 9 Apr 2018

    DCB v. AB

    Citation
    [2018] HKCFI 717
    Court
    Court of First Instance
    Case number
    HCMP2173/2014

    The Father failed to establish any material misrepresentation or incapacity to pay that would justify a downward variation; the Mother's income disclosure was adequate and the husband's income and the value of the Mother's sole proprietorship were not relevant to the interim maintenance apportionment; the Father had given an undertaking to pay nursery/school fees and is liable for outstanding fees of HK$60,630, payable within 14 days with judgment interest thereafter.

  • 20 Jun 2012

    TAC v. VDC nee VDM

    Citation
    TAC v. VDC nee VDM
    Court
    Family Court
    Case number
    FCMC16497/2010

    The judge concluded the mother’s application to relocate should be granted subject to conditions and timing: experts did not recommend removal of the child from the mother though they expressed concerns about maternal personality features and need for treatment; CCTV and further evidence did not show the mother to be a danger to the child; the child’s welfare is best served by preserving maternal care and both parents’ involvement. Accordingly permission to relocate to B with effect from 28 March 2013 was granted, joint custody was ordered and a shared care regime in Hong Kong established unt…