Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Social welfare report reliance

  • 13 Sept 2024

    陳 對 姚

    Citation
    [2024] HKFC 168
    Court
    Family Court
    Case number
    FCMC1339/2017

    Leave to appeal was refused because the father had no reasonable prospect of success: the court had no jurisdiction in this leave application to remove mother's custody; there was no evidence supporting the father's allegations of intimidation; the social welfare and psychological reports supported the impugned order and explicitly recommended no visitation compensation; the father's unexplained absence from the 22 March hearing meant he was taken to have waived opposition to the social welfare report.

  • 10 Sept 2018

    陳 對 陳

    Citation
    [2018] HKFC 157
    Court
    Family Court
    Case number
    FCMC4414/2014

    In absence of contested oral evidence from the parents and on the basis of the Social Welfare Department's up-to-date investigation and report, including the clear wishes of the two children and the practical caregiving arrangements, the court concluded the children's best interests require awarding sole custody, care and control to the mother; the father was granted defined non-overnight weekly access of five hours, supervised and arranged by the social worker; a modest costs order was justified due to the father's unreasonable litigation conduct.