Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 31 May 2023

    BGPB v. KSW

    Citation
    [2023] HKCFI 1476
    Court
    Court of First Instance
    Case number
    HCMP1922/2020

    Applying the welfare checklist and giving decisive weight to AB's educational needs, the demonstrated positive effect of increased time with the Father (Easter/Interim Order experience), the supportive findings in the Social Investigation Report and the need for immediate stability, the Court ordered the Father's proposed 2‑2‑5‑5 term‑time timetable to take effect immediately. The timetable and accessory orders best promote AB's welfare by increasing consistent parental support for schooling, reducing handovers and parental conflict, and preserving ties with the paternal family and French lan…

  • 23 Apr 2018

    G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS

    Citation
    [2018] HKCFI 816
    Court
    Court of First Instance
    Case number
    HCMP1803/2014

    On the balance of evidence and applying the paramountcy of the child's welfare, wardship must continue: the Mother provided no credible, sufficiently detailed viable care plan for the Philippines, demonstrated poor engagement with remedial measures, exhibited conduct during access that undermined the child's welfare, and the foster parents provide a stable, loving environment which meets the child's physical, emotional and educational needs; the child's expressed wish to remain in Hong Kong is entitled to weight. Therefore the Mother's summons to de-ward is dismissed and the child remains a w…

  • 17 Oct 2012

    HHML v. RYD

    Citation
    HHML v. RYD
    Court
    Court of First Instance
    Case number
    HCMC7/2011

    Husband’s deliberate non‑compliance with interim maintenance and school fee orders constituted contempt that impeded the course of justice and justified refusing to hear and dismissing his removal application; on the evidence the Wife should have sole custody, care and control because that outcome is in the children’s best interests given the father’s conduct, lack of proposals for future care, and impracticability of joint custody given separation; disclosed matrimonial assets valued at HK$31,020,000 are to be divided equally, with specific lump sum, periodical payments and security against…

  • 30 Jul 2012

    NP also known as NF v. CTF

    Citation
    NP also known as NF v. CTF
    Court
    Family Court
    Case number
    FCMC625/2011

    Leave was granted in principle for the mother to take S to Thailand to attend the mother\'s wedding because the social welfare report and court observations found S attached and well cared for by both parents, current risk of abduction by the mother assessed as low, and the child\'s attendance at the mother\'s wedding deemed in her interests. General leave for indefinite overseas travel was refused because mutual trust remained insufficient and the father retained a greater existing liberty to travel; removal outside Hong Kong should be decided case by case. Leave is conditional on the mother…

  • 14 Jun 2006

    CLFM v. DWR

    Citation
    CLFM v. DWR
    Court
    Family Court
    Case number
    FCMC10658/1997

    Leave to remove the children to Dubai was granted because the mother was found to be the primary carer, her application was genuine and realistic, the independent social welfare reports and the children’s expressed and reasoned preferences supported removal, and overall the children’s welfare (paramount consideration) favoured removal while maintaining joint custody and reasonable access for the father.