Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Paternity declaration

  • 16 Nov 2022

    Y, M v. S, J

    Citation
    [2022] HKFC 250
    Court
    Family Court
    Case number
    FCMP10/2022

    Given the mother's limited resources, substantial legal costs incurred and the respondent's persistent non-disclosure and non-participation (permitting adverse inference as to means), the court exercised its discretion under GMO s10(2) and s13(3) to order interim maintenance of HK$25,000 per month (backdated to 1 February 2022) and to award litigation funding of HK$500,000 (billed), HK$250,000 (incurred but unbilled) and HK$50,000 per month from 1 December 2022 until the FDR or further order as reasonable and proportionate interim relief for the benefit of the minor and to enable the applican…

  • 15 Sept 2014

    OMH v. MT

    Citation
    OMH v. MT
    Court
    Family Court
    Case number
    FCMP161/2011

    Leave to appeal refused because the applicant failed to show an arguable case with reasonable prospects of success: the trial judge applied the civil standard and properly concluded the evidence before the court did not prove paternity on the balance of probabilities; the judge did not impose a requirement for corroboration or mandatory DNA testing though availability of scientific tests is a relevant factor; no adverse inference could be drawn from the respondent's absence in the absence of evidence about the respondent's response; and public policy requires cogent evidence for parentage dec…

  • 26 Aug 2008

    T v. J

    Citation
    T v. J
    Court
    Family Court
    Case number
    FCMP38/2007

    Paternity was declared; after evidential assessment the court found many of the mother's day‑to‑day child expenses reasonable, the father had an earning capacity of at least HK$100,000 per month and sufficient resources (including borrowing ability) to meet obligations; accordingly ordered periodical payments to reflect the children's reasonable needs and awarded a lump sum to reimburse set-up and accrued child expenses after crediting interim payments.