Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Custody and care
  • 28 Jul 2023

    VDR, BA v. TOY

    Citation
    [2023] HKFC 150
    Court
    Family Court
    Case number
    FCMP171/2020

    Leave to appeal was refused because the mother’s draft grounds lacked particularity and had no reasonable prospect of success, the application was filed within the correct post-Order Absolute timetable so no extension was required, and supervisory access and maintenance of the status quo were justified given the mother’s history and the need to protect the children and preserve trial management.

  • 21 Jul 2023

    PHCM v. KP

    Citation
    [2023] HKFC 139
    Court
    Family Court
    Case number
    FCMC9325/2020

    Leave granted because the evidence established that it was in the child's best interests to study in the USA: the child clearly and consistently wished to do so, the social worker recommended it after thorough investigation, practical accommodation and financial support were in place, the mother's undertaking to care and return the child was credible, and the father's serious allegation of past fraud was unsubstantiated and unreasonable; accordingly the schooling plan was workable and preserved access.

  • 30 Dec 2020

    RMH v. GY

    Citation
    [2020] HKFC 275
    Court
    Family Court
    Case number
    FCMP38/2020

    Applying a broad‑brush assessment of the child's immediate and reasonable needs and the parties' resources, the court ordered interim maintenance of HKD 463,400 per month (HKD 240,000 for LA maintenance including vacation home, HKD 66,400 for minimum Hong Kong establishment, HKD 157,000 rent) and refused the mother's application for litigation funding on the basis she has deployable resources and potential third‑party support and her costs estimate was excessive.

  • 28 May 2020

    LEYY v. UKWK

    Citation
    [2020] HKFC 118
    Court
    Family Court
    Case number
    FCMC1393/2015

    Costs in private children proceedings are exceptional; the father’s litigation conduct was sufficiently unreasonable to warrant an adverse costs order but not to the rare degree required for indemnity costs. Therefore the father was ordered to contribute 50% of the mother’s costs of and arising out of the amended summons dated 10 September 2018 (including related applications and reserved costs), with a certificate for counsel and taxation on a party-and-party basis if not agreed.

  • 22 Dec 2016

    D, A v. SJG

    Citation
    D, A v. SJG
    Court
    Family Court
    Case number
    FCMP143/2016

    On interim application the court fixed a reasonable immediate budget reflecting the child's prior standard of living and the father's means: ordered respondent to pay HK$75,000 per month (inclusive of a carers allowance) and to meet specified direct expenses (school fees, bus, capped extracurricular expenses, medical insurance, rental deposit and moving costs) pending further order.

  • 9 Dec 2016

    M M M also known as M, MJ v. OCC also known as C, OC JR

    Citation
    M M M also known as M, MJ v. OCC also known as C, OC JR
    Court
    Family Court
    Case number
    FCMC4555/2016

    Applying s.5 MPPO and the broad‑brush approach, the court balanced the children’s reasonable needs against the husband’s demonstrated means and indebtedness, found the wife’s proposal broadly reasonable but reduced it to HK$4,000 per child because the husband retained ability to pay despite loans, and ordered interim payments accordingly with costs to the wife.