Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Variation of custody

  • 11 Oct 2021

    NLC v. YMF

    Citation
    [2021] HKFC 203
    Court
    Family Court
    Case number
    FCMC8442/2018

    The father failed to discharge the burden of proving a material change of circumstances; evidence showed no coercion in the consent process, the welfare of the child was best served by maintaining sole custody, the father demonstrated unreliable conduct (including inconsistent statements, late maintenance payments and untruths) and tactical litigation tied to ancillary relief; therefore variation to joint custody was refused and exceptional conduct justified a limited costs order against the father.

  • 30 Aug 2012

    RK v. YS

    Citation
    RK v. YS
    Court
    Family Court
    Case number
    FCMP151/2008

    Leave to appeal was refused because the applicant failed to demonstrate an arguable appeal with reasonable prospects of success: prior findings and Court of Appeal conclusions were not displaced, the father's new assertions lacked credible explanation or supporting expert evidence (particularly regarding KK), and the balance of factors including children's best interests favored continuation of care with the mother.

  • 27 Jan 1997

    C v. T

    Citation
    C v. T
    Court
    Family Court
    Case number
    FCMC3138/1992

    Applying Cap 13 s.3 and having given proper weight to the Social Welfare reports and the children's expressed wishes, the court found the children settled and better cared for in the mother's household; a change would be disruptive given J's medical condition and critical schooling year; therefore variation to grant mother sole custody and care and control was necessary in the children's best interests; father to have reasonable access and to pay the mother's costs (order nisi).