Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Social investigation reports

  • 5 Jul 2024

    HYCC, also known as CHYC v. OJW also known as WOJ

    Citation
    [2024] HKFC 134
    Court
    Family Court
    Case number
    FCMC9529/2019

    Leave to relocate granted because the holistic welfare assessment favored relocation: mother is the primary emotional anchor for the children, the relocation plan was realistic and well researched, the children's wishes (particularly the son's) carry weight given his age and sensitivity, safety and schooling in Manila were acceptable, the negative impact on the mother (and thereby the children) of refusing leave was significant, and the father can maintain meaningful contact through access arrangements and travel.

  • 11 Oct 2023

    CN v. LYP

    Citation
    [2023] HKCA 1173
    Court
    Court of Appeal
    Case number
    CAMP267/2023

    The Court of Appeal granted leave and allowed the mother's appeal because the judge materially erred in assessing the financial sustainability of the Mother's Dongguan plan (miscalculation of educational costs), undervalued the child's expressed views and misread the social work recommendation on status quo; balancing all factors the children's welfare is best served by granting care and control to the Mother and permitting permanent relocation to Dongguan, subject to defined access and a 12‑month supervision order.

  • 31 Aug 2023

    SKA v. TI

    Citation
    [2023] HKFC 176
    Court
    Family Court
    Case number
    FCMC3496/2018

    Leave to permanently remove the two children to England was granted because, on the holistic welfare assessment, the relocation is in the children's best interests: both children expressed a clear, informed and consistent wish to live with their father; the father is the primary carer with a strong bond to the children; independent SIRs and a detailed ISIR confirmed feasibility (accommodation, schooling, family support and medical access); the father's plan was realistic and well prepared; the mother's objections were speculative or unsupported by evidence and did not outweigh the welfare fac…

  • 20 Jan 2023

    HMC v. CWY

    Citation
    [2023] HKFC 18
    Court
    Family Court
    Case number
    FCMC3129/2021

    Leave to appeal was refused because the judge correctly treated the 7 November 2022 order as a case management decision aimed at advancing a high‑conflict child access dispute to trial; the petitioner had opportunities to address the court and no arguable prospect of success existed on the grounds raised; existing access arrangements maintained contact and unresolved factual issues (including allegations of harm) required substantive trial determination; therefore the appeal had no reasonable prospect and no other interest of justice required a hearing.

  • 19 Oct 2020

    NPYJ v. SMRC

    Citation
    [2020] HKCA 832
    Court
    Court of Appeal
    Case number
    CAMP155/2020

    The adjournment of the interim access application to await an updated social investigation report was a proper exercise of case management discretion aimed at protecting the children's welfare; there was no error of law, no engagement of BORO/UNCRC requiring immediate intervention, and therefore the intended appeal had no reasonable prospect of success.

  • 10 Mar 2020

    FJ v. DTD

    Citation
    [2020] HKFC 50
    Court
    Family Court
    Case number
    FCMC14138/2012

    Given entrenched high conflict, lack of cooperative communication, professional reports finding sole custody in child's best interests and the child's mature, genuine expressed wishes to remain in Hong Kong with limited and structured access to the father, joint custody was found unworkable and sole custody to the mother was ordered with detailed, limited access for the father in Hong Kong, maintenance of removal restrictions (with narrow school-trip exception) and specific notice and telephone arrangements to protect the child's welfare and stability.

  • 25 Jul 2019

    B, A also known as AB v. B, L also known as LB also known as LZ also known as LZB also known as LZC also known as ZCL

    Citation
    [2019] HKCA 822
    Court
    Court of Appeal
    Case number
    CACV18/2018

    The Court allowed the appeal and set aside the relocation order because a drastic change of circumstances (mother’s relocation from Miami to San Diego and pregnancy) together with insufficient and scant information about the mother’s current arrangements vitiated the factual foundation on which the trial judge granted relocation; the correct course was to permit amendment of the application, obtain updated social reports (local and US) and remit the matter to the trial judge for reconsideration under the paramount welfare principle.

  • 29 May 2019

    F v. W

    Citation
    [2019] HKFC 137
    Court
    Family Court
    Case number
    FCMC6824/2016

    On balance and applying the paramountcy of the child's best interests, the court accepted and relied on the Social Investigation Reports and the evidence that the mother was more attuned to Y's special needs, had organised and engaged in effective educational and therapy programs, and maintained a closer attachment beneficial for a young autistic child; both parents could provide physical and emotional care but the mother's demonstrated ability to meet Y's educational and training needs justified awarding sole care and control to her while preserving joint custody and granting reasonable acce…

  • 8 Mar 2016

    LWY v. YCT

    Citation
    LWY v. YCT
    Court
    Family Court
    Case number
    FCMC9363/2014

    Leave to appeal denied because none of the grounds demonstrated a reasonable prospect of success: the Mother failed to adduce or seek leave to file evidence to rebut serious allegations raised and the trial judge did not err in assessing weight of that evidence; the judge properly considered intimacy, stability and parental factors and the access timetable was not shown to be contrary to the child's best interests; no interests of justice reason to grant leave.

  • 25 Sept 2015

    LRY v. LCM nee MCE

    Citation
    LRY v. LCM nee MCE
    Court
    Family Court
    Case number
    FCMC14297/2012

    Application dismissed: the court applied the statutory best interests test, gave particular weight to the consistent views of the children and to social investigation reports, found the mother to be the primary, more intimate carer and that the children would be disrupted by uprooting; the father's financial concerns were held insufficient to justify changing custody and should be addressed in maintenance proceedings.