Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Parental conduct

  • 12 Jul 2023

    AA v. WSC

    Citation
    [2023] HKFC 129
    Court
    Family Court
    Case number
    FCMC3096/2020

    The court awarded sole care and control to the Mother because maintaining the status quo best served the children's welfare: the older children's clear wishes to live with Mother, the Father's unilateral revelation of the half-brother contrary to expert advice and court direction, the Father's deliberate non-disclosure of cohabitation with Madam Li and MC that deprived the SWO of material information, evasive evidence from the Father, his absence during access, and his failure to provide clear, safe and workable proposals for where the children would reside when with him meant shared care wou…

  • 26 Jan 2017

    LCL v. QCR

    Citation
    LCL v. QCR
    Court
    Family Court
    Case number
    FCMC3953/2015

    Applying the paramount welfare principle and the Social Welfare Officer's recommendations the court granted joint custody to both parents, care and control to the Petitioner (father), denied extra Thursday night staying access, granted the Respondent defined staying access on alternating weekends as specified, ordered equal sharing of long school holidays including summer (with an additional approximate 20%/12 days to Mother during summer), accepted the Respondent's undertaking that Mr P shall not be present when the children are in her care, and made a costs order nisi; these orders were dri…

  • 3 Apr 1980

    LIP LAI-MING v. LAI SIU-HUNG

    Citation
    LIP LAI-MING v. LAI SIU-HUNG
    Court
    District Court
    Case number
    DCMP401/1979

    Applying s.10(1) of the Guardianship of Minors Ordinance and weighing welfare, conduct and wishes, the court awarded custody to the applicant because overall welfare favoured maternal care: the maternal grandmother was a more suitable surrogate parent, accommodation was slightly better, and these considerations outweighed respondent's recovery and claims to custody.

  • 30 Apr 1970

    W v. W

    Citation
    W v. W
    Court
    Court of First Instance
    Case number
    HCMC201/1969

    Access was granted because regular contact with the father was held to be in the children's best interests; the court gave little weight to the psychologist's affidavit that was instructed by only one party and imposed conditions (father to fetch/return children and not see them in presence of unknown women) to protect the mother's concerns.