Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Parental fitness

  • 28 Sept 2021

    HHY v. LHW

    Citation
    [2021] HKFC 194
    Court
    Family Court
    Case number
    FCMC12621/2019

    On the balance of evidence and expert opinion the mother is in remission, compliant with treatment, has family support and has demonstrated adequate parenting improvements; the child’s adverse reactions at handovers were attributable to transition stress rather than fear of the mother; maintaining the status quo was not decisive given the mother’s recovery and the existing access pattern; awarding care and control to the mother with a detailed defined access regime for the father and a 12‑month supervision order with progress report is in the child’s best interests.

  • 5 Dec 2016

    曾 對 黃

    Citation
    曾 對 黃
    Court
    Family Court
    Case number
    FCMC2215/2015

    On the balance of evidence the court found the child’s best interests are met by awarding joint guardianship to both parents with care and control to the father because the child had lived primarily with the father and paternal grandparents, the father provided a more stable and reliable day‑to‑day environment and support network, the mother exhibited ongoing emotional and health instability and episodes of uncontrollable distress that risked quality of care; reasonable and specified visitation was ordered for the mother and a 12‑month supervision order was imposed.

  • 6 Aug 2007

    Y v. L

    Citation
    Y v. L
    Court
    Family Court
    Case number
    FCMC4933/2006

    Although the short-term status quo favored the father, the court found the status quo weight limited because it had existed only 15 months; the mother is better placed long-term to meet the child’s emotional, educational and developmental needs (including through adolescence), the paternal grandmother is elderly and did not participate in proceedings, the child expressed a preference for living with her mother, and the father’s past history (despite a negative current drug test) and cramped shared accommodation weighed against awarding him custody; accordingly custody was awarded to the mothe…

  • 3 May 2006

    M v. H

    Citation
    M v. H
    Court
    Family Court
    Case number
    FCMP19/2004

    On the facts the paramount consideration was the childrens welfare: although grandparents provided adequate physical care, their sustained denigration of the mother had undermined the mother-child relationship and endangered the childrens long-term emotional welfare; social welfare and psychological evidence supported transfer of custody to the mother with supervised support; removal to a neutral residential home was unnecessary at this stage; accordingly custody was awarded to the mother with supervision by the Director of Social Welfare and supervised access to the grandfather.

  • 29 Dec 1998

    L v. K

    Citation
    L v. K
    Court
    Family Court
    Case number
    FCMC2889/1997

    On the balance of evidence the Mother was better placed to meet the children’s physical, emotional and educational needs full time; the Father, despite love for his children, lacked weekday availability, demonstrable understanding of their needs and had unstable finances that risked their welfare. Accordingly custody awarded to the Mother, with maintenance and sale of the Whampoa Garden property to discharge liabilities and fund the children’s needs.

  • 30 Apr 1996

    MAN TING CHU v. WU WAI SUM STELLA

    Citation
    MAN TING CHU v. WU WAI SUM STELLA
    Court
    Court of First Instance
    Case number
    HCMP1467/1995

    Sole custody to the father was refused because the Court was not persuaded that joint custody was unworkable or contrary to the children's best interests; the children should remain living with the father while joint custody (vested in both parents) together with a formalized access schedule for the mother was ordered, with a direction for review of custody not earlier than six months.