Hong Kong Case Law

譚 對 吳

Court

Court of Appeal

Case number

CAMP156/2025

The court refused leave to appeal because the father's grounds failed to show any obvious error of fact or principle in the trial judge's exercise of discretion: the 12‑month supervision order was a lawful, reasonable measure within the judge's assessment of the parties' communication and the child's welfare; social welfare reports are advisory; the custody award to the mother did not evidence a reversible error; and the application therefore lacked a reasonable prospect of success. Costs were awarded against the applicant.

Source excerpt

• Custody
• Visitation
• Supervision order
• Social welfare reports
• Shared parenting support
• Costs

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KHAN MUHAMMAD BILAL v. DIRECTOR OF IMMIGRATION

Court

Court of First Instance

Case number

HCAL1224/2025

The Court of First Instance dismissed an immigration judicial review leave application challenging refusal of an extension of stay without sponsorship.

• Extension of stay
• Humanitarian and compassionate grounds
• Discretionary powers
• Custody and parenting considerations
• Sex discrimination claim
• Wednesbury unreasonableness

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TKW v. CYKJ

Court

Family Court

Case number

FCMP69/2023

Leave to appeal was refused against a case management order in guardianship proceedings, because no reasonable prospect of success or interests-of-justice basis was shown.

• Custody
• Return of child
• Stay of proceedings
• Leave to appeal
• Case management
• Cross‑jurisdictional proceedings

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KK, H v. PK, H

Court

Family Court

Case number

FCMC8332/2017

The court made the decree nisi absolute, despite unresolved ancillary relief and maintenance issues, after finding the child’s welfare arrangements were the best practicable.

• Relocation
• Custody
• Access
• Decree absolute
• Section 18 mppo welfare declaration
• Ancillary relief

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RE HDF

Court

Family Court

Case number

FCMP185/2024

The Family Court held that an unregistered biological father could not obtain custody under the GMO without first securing a declaration of parentage under the PCO.

• Custody of illegitimate child
• Declaration of parentage
• Statutory presumptions of paternity
• Jurisdictional requirements for parentage declarations
• Interim custody orders
• Custody

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LC v. PCW

Court

Family Court

Case number

FCMP45/2017

The Family Court refused to vary a 2023 custody and access order, finding no material change of circumstances and giving weight to the child’s wishes and social welfare reports.

• Custody
• Access
• Variation of order
• Best interests of the child
• Social welfare report and child's wishes
• Variation-of-order

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TKY v. YSGA

Court

Court of Appeal

Case number

CAMP37/2024

The Court of Appeal refused leave to appeal in a child custody and access dispute, holding that the father’s grounds did not show a reasonable prospect of success.

• Custody
• Care and control
• Access/visitation
• Leave to appeal
• Judicial discretion
• Social inquiry officer reports

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HC formerly known as HWH v. WYH

Court

Court of First Instance

Case number

HCMC3/2023

The Court of First Instance held that surrogacy-born children may be “children of the family” under the MPPO, allowing custody and maintenance orders without adoption or a parental order.

• Child of the family
• Custody
• Maintenance
• Jurisdiction
• Surrogacy
• Parental order

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A 對 B

Court

Family Court

Case number

FCMC4376/2019

The application for leave to appeal is refused because the proposed grounds lack a reasonable prospect of success: the applicant's factual assertions were contradicted by court records, the fresh evidence did not meet the Ladd v Marshall test and would not alter the outcome, and the social welfare reports provided a rational basis for awarding sole custody to the respondent; the high threshold for overturning discretionary family law decisions was not met.

Source excerpt

• Custody
• Guardianship
• Visitation
• Leave to appeal
• Social welfare reports
• Standard of appellate review

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SKA v. TI

Court

Family Court

Case number

FCMC3496/2018

The District Court granted the father leave to relocate the two children to England, finding the move was in their best interests after a holistic welfare assessment.

• Child relocation
• Custody
• Access/visitation
• Welfare of the child
• Social investigation reports
• International social services report

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