Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Authorization of arrest

  • 30 Mar 2022

    M,B v. S,S

    Citation
    [2022] HKFC 72
    Court
    Family Court
    Case number
    FCMP30/2021

    The mother’s evidence was accepted as truthful, the father repeatedly contacted and approached the mother with threats and coercive demands, and there was minimal prospect of cooperative decision‑making between the parties; accordingly sole custody and sole care and control were necessary for the children’s best interests, limited supervised in‑person access at a specialist co‑parenting centre plus regular facilitated video contact were ordered, the non‑molestation order was continued and an authorization of arrest attached and extended for six months to protect the mother and children.

  • 20 Jan 2020

    SLH (nee N) v. GAH

    Citation
    [2020] HKFC 29
    Court
    Family Court
    Case number
    FCMC16058/2016

    Applying the welfare principle the court found sole custody and sole care and control to the mother was necessary because meaningful joint custody was unrealistic given the father's documented behavioural instability, lack of sustained engagement and non-compliance with treatment; leave for the two older boys to attend the specified New Zealand boarding school and for the mother to relocate permanently to New Zealand from 1 July 2020 was granted because the relocation was genuine, feasible, in the children’s best interests and did not amount to an unjustifiable impediment to the father's abil…

  • 13 Mar 2014

    D v. L

    Citation
    D v. L
    Court
    Family Court
    Case number
    FCMC8507/2013

    The court found respondent's conduct (repeated unwelcome attempts and forced entries causing fear and police interventions) amounted to molestation and warranted a non-molestation injunction in terms of paragraph 1(a) and (b) of the Order dated 25 November 2013 with penal notice; the court refused to attach an authorization of arrest because there was no evidence of actual or a real likelihood of bodily harm; respondent's late tactical adjournment was refused and, to ensure case management fairness, respondent was allowed to rely on his affidavits as evidence despite earlier refusal to attend…