Hong Kong Case Law: Decisions & Judgments

Topic

Custody

Legal area

Court

21 May 2026

譚對吳

Citation

[2026] HKCA 993
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.
23 May 2025

TKW v. CYKJ

Citation

[2025] HKFC 93
Court

Family Court
Case number

FCMP69/2023

Leave to appeal was refused because the impugned January Order was an interlocutory case management decision subject to a high threshold for appeal, the applicant failed to specify which part of the order was appealed and did not demonstrate a reasonable prospect of success or any other compelling interest of justice to justify leave.
31 Mar 2025

KK, H v. PK, H

Citation

[2025] HKFC 64
Court

Family Court
Case number

FCMC8332/2017

The court held that despite unresolved ancillary relief and problematical financial provision, the arrangements for the child's welfare are the best that can be devised in the circumstances and a Section 18 declaration was proper; therefore the Decree Nisi was made absolute and the father's opposition did not raise any new substantive matter to prevent that order.
11 Feb 2025

LC v. PCW

Citation

[2025] HKFC 67
Court

Family Court
Case number

FCMP45/2017

No material change of circumstances was shown within the brief interval after the Master’s December 2023 order; the court gave decisive weight to the social welfare reports and the daughter's expressed wish to limit contact while preparing for DSE; the mother's absence at the Master’s hearing was not credibly explained; accordingly the variation was refused and the Master’s order was not disturbed.
17 Jul 2024

TKY v. YSGA

Citation

[2024] HKCA 689
Court

Court of Appeal
Case number

CAMP37/2024

Leave to appeal refused because the father's grounds did not demonstrate a reasonable prospect of success: the judge lawfully and properly exercised discretion in structuring care and access, considered relevant matters including SIO recommendations and disruption to children's routine, did not take into account irrelevant matters or exhibit gender bias, and the access and e-access orders fell within the permissible ambit of judicial discretion.
30 Apr 2024

HC formerly known as HWH v. WYH

Citation

[2024] HKCFI 1157
Court

Court of First Instance
Case number

HCMC3/2023

A child born by surrogacy may be a 'child of the family' under s2 MPPO if the commissioning parents have treated the child as a child of their family; therefore the court (Family Court or CFI) has jurisdiction under s19(1) MPPO to make custody and maintenance orders for such children without a parental order or adoption order being in place, subject to protecting any third party rights under s19(2).
28 Mar 2024

A 對 B

Citation

[2024] HKFC 65
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.
31 Aug 2023

SKA v. TI

Citation

[2023] HKFC 176
Court

Family Court
Case number

FCMC3496/2018

Leave to permanently remove the two children to England was granted because, on the holistic welfare assessment, the relocation is in the children's best interests: both children expressed a clear, informed and consistent wish to live with their father; the father is the primary carer with a strong bond to the children; independent SIRs and a detailed ISIR confirmed feasibility (accommodation, schooling, family support and medical access); the father's plan was realistic and well prepared; the mother's objections were speculative or unsupported by evidence and did not outweigh the welfare fac…
30 Jun 2023

鄧對蘇

Citation

[2023] HKFC 118
Court

Family Court
Case number

FCMC4993/2020

The court found the mother was the established primary carer, the relocation application was genuine and practicable with adequate housing, schooling and healthcare arrangements, and the social work reports supported the move; the father’s objections were not shown to render relocation incompatible with the children’s welfare. Accordingly the mother was granted care and control and permission to permanently relocate the children to Yunfu, with detailed contact orders for the father and joint guardianship retained.
28 Jun 2023

YCKS v. MPKC

Citation

[2023] HKFC 113
Court

Family Court
Case number

FCMC5771/2018

Sole custody and care and control were retained by the mother because there was no evidence of harm from the mother's care, the children (aged 16 and 14) consistently opposed a change of residence, expert evidence attributed the children's distress to parental conflict rather than maternal alienation, the father failed to demonstrate capacity or realistic arrangements for residence and had conduct (including refusing offered access and coercive behavior) undermining his case; reasonable access in pairs ordered; FSC or compulsory reunification therapy refused because it would be inappropriate…