Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to remove child

  • 24 Aug 2016

    LCJWY v. LCKS AND OTHERS

    Citation
    LCJWY v. LCKS AND OTHERS
    Court
    Family Court
    Case number
    FCMC16239/2013

    Although the Wife lost the preliminary issue, the complexity of the transactions, the late completion of discovery, the necessity of oral evidence to resolve the parents' intentions and credibility, and the particular factual matrix made it unfair to visit full costs on the Wife; the court exercised its discretion to order the Wife to pay half of the costs of the Husband and Interveners (with certificates for counsel where appropriate). The Husband's removal application was refused and no order as to costs was made for that application.

  • 30 Jul 2012

    NP also known as NF v. CTF

    Citation
    NP also known as NF v. CTF
    Court
    Family Court
    Case number
    FCMC625/2011

    Leave was granted in principle for the mother to take S to Thailand to attend the mother\'s wedding because the social welfare report and court observations found S attached and well cared for by both parents, current risk of abduction by the mother assessed as low, and the child\'s attendance at the mother\'s wedding deemed in her interests. General leave for indefinite overseas travel was refused because mutual trust remained insufficient and the father retained a greater existing liberty to travel; removal outside Hong Kong should be decided case by case. Leave is conditional on the mother…

  • 6 Feb 1980

    NG HAN LAI WAH v. NG CHEEI FAI

    Citation
    NG HAN LAI WAH v. NG CHEEI FAI
    Court
    Court of First Instance
    Case number
    HCMC6/1980

    Custody was granted to the petitioner because the child's welfare favored residence with the mother and the prospects of a markedly better future as immigrants to the United States; leave to remove the child was granted conditionally upon issuance of American immigrant visas and a fortified written undertaking to return the child periodically, with access and maintenance ordered as protective measures to preserve the respondent's relationship with the child and to secure the child's wellbeing.

  • 8 Jun 1968

    LI IP MAN LUI v. THOMAS LI WANG CHUNG

    Citation
    LI IP MAN LUI v. THOMAS LI WANG CHUNG
    Court
    Court of First Instance
    Case number
    HCMC109/1966

    Grant leave for Theodore because the paramount consideration (welfare) favoured placement with his devoted mother in a stable Canadian household and the move was reasonably practicable, subject to Canadian immigration approval; refuse leave for Isadora because her stronger established ties in Hong Kong (father, brother, grandparents), her age and the status quo made removal not in her best interests.