22 Jul 2020
YSYM v. LHB
- Citation
- [2020] HKCA 586
- Court
- Court of Appeal
- Case number
- CAMP24/2020
The Court allowed the appeal because the trial judge materially erred by failing to give real effect to the children’s clear wishes, by treating an application for removal for education as a permanent relocation requiring unrealistic safeguards (notably visa/permanent residency), by improperly discounting the SWO’s recommendation without cogent reasons, and by making contradictory findings; those errors rendered the exercise of discretion plainly wrong and justified rehearing the discretion and granting leave to remove the children to Vancouver for education with detailed access provisions.