Hong Kong Case Law: Decisions & Judgments

Topic

Sole custody

Legal area

Court

1 Aug 2023

ZZ v. LX

Citation

[2023] HKFC 143
Court

Family Court
Case number

FCMP167/2018

The Mother failed to demonstrate a reasonable prospect of success on any of her grounds of appeal; on the facts and having regard to SIR recommendations and parental capacities the court concluded joint custody with care and control to the Mother was in the child's best interests; leave to appeal and stay of execution were dismissed and costs were awarded against the Mother in a sum the court found reasonable ($285,000).
5 Jul 2021

AKYC v. DK

Citation

[2021] HKFC 131
Court

Family Court
Case number

FCMC7376/2017

On balance and guided by social welfare reports and the children’s expressed relationships with both parents, make an aspirational order for joint custody but give care and control to the mother due to the father's drug history, prior assaultive incidents and unreliable behaviour; grant structured remote access and limited supervised physical holiday access subject to strict testing and supervisory conditions, with liberty to vary to sole custody on relapse or non-compliance.
9 Mar 2018

R,CS v. C,L

Citation

[2018] HKFC 32
Court

Family Court
Case number

FCMC7811/2015

Sole custody and sole care and control were vested in the father because the paramount consideration (the child's welfare) favoured the father's stable and nurturing home, social welfare and clinical psychologist reports supported supervised access for the mother, the mother failed to comply with court directions and there were credible concerns about her mental health and unpredictable behaviour; supervised defined access and an updated social investigation in 12 months were ordered, a Section 18 declaration was granted and the father was authorised to renew the child’s passport/visa without…
17 Jan 2014

JMHK v. BRG

Citation

JMHK v. BRG
Court

Family Court
Case number

FCMC11427/2010

The court ordered joint custody of the child with care and control vested in the mother because this outcome best protected the child's welfare while formally recognizing the father's custodial rights in light of international ramifications. Access was phased: unsupervised day access and limited unsupervised overnight staying access were granted subject to strict preconditions (presence of the father's wife during access; father's and wife's passports held by father's solicitor during access; father's undertaking not to apply for passport/identity documents for the child without mother's cons…
19 Mar 2012

MAO v. NCB

Citation

MAO v. NCB
Court

Family Court
Case number

FCMC14742/2010

Given the high level of conflict, credible evidence of the fathers aggressive and bullying conduct, concerns about his mental health and unstable living/working status, the mothers credible evidence and the social welfare officers recommendation, the childs welfare is best served by granting sole custody and care and control to the mother with defined access to the father.
9 Jun 2010

PD v. KWW

Citation

PD v. KWW
Court

Court of Appeal
Case number

CACV188/2009

Given the paramountcy of the child's welfare, the judge properly exercised discretion in ordering joint custody because both parents demonstrated ability and willingness to be involved, there was evidence of the child's desire to maintain a close bond with her father, and there was no evidence that cooperation on matters of consequence was destroyed; care and control was vested in the mother because shared physical custody would be a disruptive change; staying overnight access was removed because overnight stays would aggravate the child's anxiety, and access terms were varied accordingly.
16 Mar 2010

TRR v. RAR

Citation

TRR v. RAR
Court

Family Court
Case number

FCMC8382/2008

Applying the paramount welfare principle and relevant checklist factors, the court accepted the international social welfare officers recommendation and evidence that both parents maintain stable relationships with the children, that the children are comfortable with current arrangements, and that undertakings by the father (provide residential address and medical-consent waiver) address the mothers concerns; accordingly joint custody was appropriate with care and control to the mother and reasonable access to the father.
12 May 2009

PCY v. CYW

Citation

PCY v. CYW
Court

Family Court
Case number

FCMC3630/2008

The tribunal concluded the welfare of the triplets required maintaining the tested status quo: most alleged injuries were minor or explicable, the broken arm did not demonstrate maternal negligence and was properly treated, the mother is the established full‑time primary carer with reliable support while the father lacks full‑time childcare experience and would not be primary carer; disruption of removal to father would risk harm. Therefore sole custody and care and control vest in the mother with defined access to the father and protective undertakings and a six‑month progress review.
9 Oct 2006

K v. C

Citation

K v. C
Court

Family Court
Case number

FCMP173/2004

Because the parties demonstrated improved communication and cooperation after the Access Order and there is a reasonable prospect of continued cooperation, joint custody is in the best interests of the child; the Social Investigation Report was not given decisive weight because it pre-dated material improvements in parental cooperation.
24 Jul 2006

YKL v. CML

Citation

YKL v. CML
Court

Family Court
Case number

FCMC3261/2004

The court found the parents incapable of the requisite cooperation and trust necessary for joint custody; the mother had been the primary carer with demonstrated capability and continuity of care; the Social Welfare Officer recommended sole custody to the mother; accordingly the court ordered sole custody and care and control to the mother with defined access to the father and consultation obligations on major matters, as this arrangement best serves the children’s welfare.