Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Social welfare investigation

  • 30 Mar 2022

    王 對 陳

    Citation
    [2022] HKFC 66
    Court
    Family Court
    Case number
    FCMC10835/2019

    Given the child's settled and stable care with the father’s family, the mother's persistent non‑cooperation with social welfare and failure to produce ordered psychiatric evidence, and the child's expressed wish to remain in current arrangements, the court concluded the child's best interests are met by awarding the father sole custody, limiting maternal access to supervised/digital contact only and refusing overnight or removal permissions until satisfactory medical evidence is produced.

  • 9 Jan 2020

    梁 對 蘇

    Citation
    [2020] HKFC 17
    Court
    Family Court
    Case number
    FCMC12818/2014

    The court determined the paramount consideration is the child's welfare and accepted the social worker's recommendations that modest adjustments to the existing visitation regime better served the child's educational continuity and emotional welfare; it therefore varied the visitation order to a Friday-after-school to Sunday 11:00am weekly schedule (with specified exceptions and holiday allocations), mandated delegated/WhatsApp handovers to reduce conflict, required parents to undertake shared parenting training within nine months, and required a social worker follow-up report nine months aft…

  • 20 Dec 2018

    CAW v. FHFD

    Citation
    [2018] HKFC 239
    Court
    Family Court
    Case number
    FCMC11197/2009

    The District Court has jurisdiction under MPPO s19(1) and MCR r94(1) to hear relocation applications; CACO s21 is preventative and does not deprive the District Court of jurisdiction. On the merits the mother's relocation application, though genuine, was not shown to be sufficiently practical or in the child's best interests because of weaknesses in schooling options, likely adverse impact on the father–son relationship and Chinese language acquisition. Preserving the child's status quo in Hong Kong for two years best served the child's welfare. Consequently both the mother's relocation summo…

  • 28 Sept 2018

    譚 對 陳

    Citation
    [2018] HKFC 166
    Court
    Family Court
    Case number
    FCMC4911/2017

    Given the child's six‑plus years in foster care, the limited direct parenting history of both parents, doubts over the completeness and reliability of the social welfare reports, and the father's demonstrable housing stability and evidence of better immediate suitability to provide a stable living environment, the court concluded that joint guardianship with the father having care and control and the mother having reasonable contact (including overnight) best serves the child's welfare; the arrangement must be supervised by Social Welfare Department for 12 months.

  • 31 May 2018

    黃 對 李

    Citation
    [2018] HKFC 83
    Court
    Family Court
    Case number
    FCMC11344/2010

    Maintain the existing consent order because the child's best interests require stability: the child (age 16+) is mature and expresses a clear wish to live with the father; social work reports recommend continuing joint guardianship with father having care and control; mother’s allegations lacked persuasion and a transfer of residence would cause unjustified disruption to the child's education and emotional welfare.

  • 16 Oct 2015

    BDL v. CMS

    Citation
    BDL v. CMS
    Court
    Family Court
    Case number
    FCMC9446/2014

    Given the child's welfare as paramount, her attachment to both parents, the high conflict between parties and expert/social work advice, the court ordered a phased increase in access: extended daytime consecutive access over specified school breaks, commencement of supervised/structured weekday access, and introduction of alternate weekly overnight staying access from February 2016 subject to updated psychological reports for the child and psychological/psychiatric reports from each parent.

  • 20 Oct 2004

    P v. P

    Citation
    P v. P
    Court
    Family Court
    Case number
    FCMC13264/2002

    Independent psychiatric assessment (Dr Lo) and Social Welfare reports established Mother suffers from Somatoform Disorder, not Factitious Disorder/Munchausen; Mother is established primary carer, Father annot practically provide continuous day-to-day care because of flying roster and demonstrated lack of cooperative parenting; high level of animosity and Father onduct make joint custody/shared care impractical; as a result Court grants Mother sole custody, care and control of the four younger children with defined access to Father; Mother pplication to remove children deferred pending ancilla…

  • 20 Dec 2000

    S v. Guardianship of Minors Ordinance, Cap.13

    Citation
    S v. Guardianship of Minors Ordinance, Cap.13
    Court
    Family Court
    Case number
    FCMP131/1999

    Although social workers and the Official Solicitor recommended custody remain with the father, the court found the multidisciplinary committee lacked sufficient basis for concluding child abuse and concluded that the mother's greater availability, capacity for consistent primary care, and ability to supervise S's development outweighed the father's limitations (limited time, reliance on elderly grandmother, emotional impulsivity and hostility). On the paramount welfare test the court ordered custody to the mother with reasonable access to the father and a 12‑month supervision order by the Dir…