Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to remove from jurisdiction

  • 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.

  • 10 Nov 1986

    WONG CHIU NGAR-CHI v. WONG HON WAI LINUS

    Citation
    WONG CHIU NGAR-CHI v. WONG HON WAI LINUS
    Court
    Court of First Instance
    Case number
    HCMP1436/1982

    Applying the paramount welfare principle and respecting precedents allowing a custodial parent's reasonable choice of residence, the court found removal to the U.S.A. was in the children’s welfare given the stable family environment, stepfather’s prospects and inevitability of emigration; practical difficulties of maintaining wardship abroad required de-warding; accordingly custody and care and control vested in the mother and leave to remove permanently granted, with specified access and cessation of maintenance from end of November.