Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ward of court

  • 5 Jul 2024

    WMB v. EIYL

    Citation
    [2024] HKCFI 1773
    Court
    Court of First Instance
    Case number
    HCMP797/2024

    Given the father's demonstrated high degree of commitment and strong attachment to the Minor, the Mother's unilateral removal of the Minor to Taiwan without the father's consent and the prevention of communication, the Court concluded it was in the Minor's best interests to be made a ward of the Court, to grant the father the rights under s.3(1)(d) GMO, to order return of the Minor to Hong Kong, to grant interim joint custody and shared care and control, and to restrain further removal pending further directions.

  • 23 Jun 2021

    C v. S

    Citation
    [2021] HKCFI 1662
    Court
    Court of First Instance
    Case number
    HCMP929/2017

    The Court held that in light of N's welfare and her present relationship with Father, the Father's proposed access regime was unrealistic and consequently ordered the access terms proposed by Mother (paragraphs 3 to 9 of her draft order), required a non-denigration undertaking by Father if not voluntarily given, directed parties to pursue family therapy with AAFT after the appeal is determined and litigation ceased, and made no order as to costs except that Mother's own costs be taxed under the Legal Aid Regulations.

  • 18 Oct 2017

    CCMJ v. SSM FORMERLY KNOWN AS SKL

    Citation
    CCMJ v. SSM FORMERLY KNOWN AS SKL
    Court
    Court of First Instance
    Case number
    HCMP1269/2017

    Leave to appeal was granted because it was reasonably arguable that a generic "reasonable access" order would be ineffective where access had been heavily contested since 2010, justifying appellate scrutiny; no further access order was made because a prior interim order by B Chu J provided specific Saturday access and the court found that supplementary directions were unnecessary; costs of the application were ordered in the cause of the appeal and the Respondent's costs were to be taxed under the Legal Aid Regulations.

  • 5 Nov 1985

    CHIU KWAI FUN, DONNA v. LAM HING KEUNG

    Citation
    CHIU KWAI FUN, DONNA v. LAM HING KEUNG
    Court
    Court of First Instance
    Case number
    HCMP968/1985

    The defendant persistently and willfully breached a clear court order by repeated personal and telephonic approaches despite an express warning; imprisonment for a limited period was necessary to vindicate the court's authority and deter ongoing breaches; custody was awarded to the mother because the infant's welfare favored the mother; access was suspended and reviewable after three months; maintenance fixed at $600 per month by balancing the child's needs and the parties' earnings.

  • 2 May 1984

    LEE WAI CHU v. LEE YIM CHUEN

    Citation
    LEE WAI CHU v. LEE YIM CHUEN
    Court
    Court of First Instance
    Case number
    HCMP2678/1983

    Having considered the paramountcy of the child's welfare, the child's settled integration and happiness at school and home with his father, the social welfare report favouring custody with the father, and the potential trauma of uprooting the child, the court awarded care and control to the father, left the child a ward of court and provided for specific access to the mother, while quashing the earlier order insofar as it related to this child.

  • 25 Apr 1977

    C v. D

    Citation
    C v. D
    Court
    Court of First Instance
    Case number
    HCMP559/1976

    Because the child had lived continuously with the father and his wife since infancy and they provided a stable, loving environment, and expert evidence established that removing the child would cause psychological harm, the paramount consideration of the child's welfare required that custody remain with the father; the mother's custody application and wardship request were therefore refused.

  • 22 Apr 1976

    TAMMY MIE TZE CHAMBERS v. PETER CHAMBERS

    Citation
    TAMMY MIE TZE CHAMBERS v. PETER CHAMBERS
    Court
    Court of First Instance
    Case number
    HCMP115/1976

    Applying the paramount welfare principle, the court found that the child's best interests were served by placing custody, care and control with the mother because the child had spent substantial recent time with her and maternal grandparents providing a secure home, whereas the father's military service and imminent return to England created likely instability; accordingly the minor was made a ward of court, custody committed to the mother, access to the father ordered, and maintenance fixed at $700 per month.

  • 9 Aug 1969

    RE M L

    Citation
    RE M L
    Court
    Court of First Instance
    Case number
    HCMP103/1969

    The court held that it had inherent jurisdiction to make a British subject infant a ward of court even though the infant was physically outside the jurisdiction; in Hong Kong the father of an illegitimate child may maintain wardship proceedings and his wishes must be considered alongside the mother's, subject always to the paramountcy of the infant's welfare; applying those principles the court ordered the infant returned, made a ward, and placed in the care and control of the mother with reasonable access to the father.