Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforcement of foreign access orders

  • 25 Feb 2015

    RK v. YS

    Citation
    RK v. YS
    Court
    Family Court
    Case number
    FCMP151/2008

    Leave to appeal was refused because the father failed to demonstrate a reasonable prospect of success: the alleged errors did not amount to legal error or a plain wrong in a discretionary decision, the Japanese opinion did not establish that access orders were unenforceable in Japan, the mother’s support network and caregiving were sufficiently evidenced, the post-trial emails were inadmissible or immaterial, and a stay would prejudice the children's schooling by delaying relocation.

  • 25 Feb 2015

    RK v. YS

    Citation
    RK v. YS
    Court
    Family Court
    Case number
    FCMC4931/2012

    Leave to appeal was refused because the intended appeal had no reasonable prospect of success: the district judge's discretionary findings were within permissible ambit and not plainly wrong; the Japanese legal opinion did not establish inability to enforce access orders and enforcement difficulties are only one factor; evidence of maternal family support was adequate; post‑trial emails failed Ladd v Marshall criteria and would not affect the outcome; therefore no arguable case on appeal and stay was refused to avoid prejudicing children's schooling.