Hong Kong Case Law: Decisions & Judgments

Topic

Leave to remove

Legal area

Court

14 Jan 2019

H v. W

Citation

[2019] HKFC 12
Court

Family Court
Case number

FCMC8332/2017

Leave was granted because the judge found that attending the wedding and exposure to the paternal family served the child's best interests, that adequate care and supervisory arrangements were in place, and the mother's concerns did not outweigh the benefits; the father's advance booking did not undermine the merits of the application, with section 3 of the Guardianship of Minors Ordinance guiding the analysis.
20 Dec 2018

CAW v. FHFD

Citation

[2018] HKFC 239
Court

Family Court
Case number

FCMC11197/2009

The District Court has jurisdiction under MPPO s19(1) and MCR r94(1) to hear relocation applications; CACO s21 is preventative and does not deprive the District Court of jurisdiction. On the merits the mother's relocation application, though genuine, was not shown to be sufficiently practical or in the child's best interests because of weaknesses in schooling options, likely adverse impact on the father–son relationship and Chinese language acquisition. Preserving the child's status quo in Hong Kong for two years best served the child's welfare. Consequently both the mother's relocation summo…
20 Oct 2016

AAG v. JDC

Citation

AAG v. JDC
Court

Family Court
Case number

FCMC4022/2016

Leave granted: the court found the risk of non‑return negligible based on undertakings, detailed itinerary, school consent for limited absence, sister/brother undertaking to return children in emergency and the mother's proposals to mitigate security concerns; unsubstantiated allegations and lack of evidence about police complaints and third‑party risks meant refusal was not justified; requested bond was excessive and unnecessary; order made in terms of consent summons with additional undertakings and ancillary nesting swap; no order as to costs (order nisi).
4 Feb 2013

CWY v. EFO

Citation

CWY v. EFO
Court

Family Court
Case number

FCMC8316/2011

Leave to remove was refused because the judge found the trip was not in the child's best interests given disruption to schooling, insufficient urgency or justification, credibility concerns about the father (including inability to explain choice of child, unreliable evidence of contacts and address, language barrier), lack of ties and means suggesting a significant risk of non-return; balance of probabilities favored refusal.
18 Aug 1970

ELAINE ELIZABETH MAGEE v. CHRISTOPHER WALFORD MAGEE

Citation

ELAINE ELIZABETH MAGEE v. CHRISTOPHER WALFORD MAGEE
Court

Court of Appeal
Case number

CACV31/1970

The appeal was allowed in part: the custody order was varied to provide joint custody of the boy with care and control to the father; the mother's permission to remove the boy from the jurisdiction was set aside; limited conditional leave was granted for the father to take the boy to the United States for school interview and examination subject to a return undertaking and a HK$60,000 bond; the daughter was permitted to be removed permanently with the mother.

Hong Kong Case Law

H v. W

CAW v. FHFD

AAG v. JDC

CWY v. EFO

ELAINE ELIZABETH MAGEE v. CHRISTOPHER WALFORD MAGEE