Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Welfare checklist

  • 17 Sept 2025

    YCR also known as CRY v. YSJ nee SJE

    Citation
    [2025] HKFC 157
    Court
    Family Court
    Case number
    FCJA2423/2018

    Leave to appeal dismissed because applicant failed to demonstrate an arguable appeal with reasonable prospects of success; the judge's discretionary relocation decision, evidence assessments and welfare balancing were within the permissible ambit of judicial discretion, no procedural impropriety or appearance of bias established, and post‑judgment materials did not amount to a material change warranting reconsideration.

  • 14 Mar 2024

    HMS v. HMW

    Citation
    [2024] HKFC 48
    Court
    Family Court
    Case number
    FCMC4026/2016

    Court found the father's application genuine and realistically researched, the social worker's report and the children’s expressed wishes supported feasibility, the mother had not meaningfully engaged with the children or rebutted the father's evidence on finances and care, and on a holistic welfare balancing exercise the children’s best interests favoured relocation; relocation was therefore permitted.

  • 7 Feb 2024

    劉 對 盧

    Citation
    [2024] HKFC 80
    Court
    Family Court
    Case number
    FCMC12463/2018

    Court refused the father's application and maintained the existing arrangement: mother retains care and control of both children and guardianship remains joint. Decision rested on the children's best interests as informed by social welfare reports and the children's expressed wishes, superior living conditions with mother, the importance of preserving sibling unity, the son's aversion to staying at the grandparents' home (including concerns about uncle's long-term mental illness), and the father's persistent use of coarse language and lack of insight which adversely affected his relationship…

  • 2 Aug 2023

    阮 對 黃

    Citation
    [2023] HKFC 149
    Court
    Family Court
    Case number
    FCMC1820/2021

    維持現狀將兒子交予父親照顧及女兒由母親照顧，因為穩定與連續性符合兒童最佳利益：兒子已在父親處適應近三年、與父親及其支持網絡有強烈情感依附及學校社區連繫；母親未能證明其方案在可見將來優於現狀，且母親刻意隱瞞與男友同居及結婚的計劃，妨礙法庭對轉變影響作出評估並損害其誠信，故不得改變兒子的照顧安排；基於母親的行為亦作出訟費制裁。

  • 24 May 2023

    SG v. GDV

    Citation
    [2023] HKFC 98
    Court
    Family Court
    Case number
    FCMC10217/2020

    The District Judge refused leave to appeal: the leave application was out of time and the applicant failed to establish excusable delay; on the merits the proposed appeal had no reasonable prospect of success as the judge\u2019s factual findings and discretionary balancing (including consideration of the welfare checklist, social reports, finances, parental intentions and children\u2019s wishes) were supported by evidence and not plainly wrong; accordingly leave was denied and costs awarded to the petitioner.

  • 31 Aug 2022

    CKFG v. WHHK

    Citation
    [2022] HKFC 183
    Court
    Family Court
    Case number
    FCMC9093/2018

    Relocation dismissed because it was not in the children's best interests: the mother's plan was inadequately researched and inconsistent, financially unrealistic and insufficiently documented, she failed to consult the father or make detailed arrangements for schooling and accommodation, and the social worker's report and the limited weight to uninformed wishes of the children supported refusal.

  • 16 Jun 2022

    胡 對 楊

    Citation
    [2022] HKFC 188
    Court
    Family Court
    Case number
    FCMC13200/2019

    The court applied the paramountcy of the children's best interests, gave appropriate weight to the clear and reasonable wishes of adolescent children and the objective evidence of living arrangements and parental capacity, and concluded that maintaining the current arrangements best served each child: son’s care and control to father (with status quo residence with uncle/extended family and mother’s reasonable access); daughter’s care and control to mother; joint custody inappropriate given parents’ inability to cooperate.

  • 25 Apr 2022

    顧 對 關

    Citation
    [2022] HKFC 56
    Court
    Family Court
    Case number
    FCMC2215/2021

    On balance and applying the welfare checklist, the court found it was in the children's best interests to remain together; awarded joint parental responsibility to both parents, granted care and control to the father based on his stable home environment and primary carers (grandmother and helper), the mother's continuing mental health and discipline concerns and inadequate accommodation, and fashioned defined daytime visitation for the mother with specific safeguards and counselling requirements.

  • 28 Jan 2022

    ZFY v. SCHC

    Citation
    [2022] HKFC 24
    Court
    Family Court
    Case number
    FCMP97/2020

    Applying the paramount welfare principle in a holistic balancing exercise, the court preferred the ISIR over the SIR (SIR found deficient and one-sided), found the mother to be the established primary carer with a realistic, practical relocation plan (suitable housing and school) and that relocation to Chengdu is in the child's best interests; leave to remove child permanently to Chengdu was granted subject to specified protective undertakings and conditions to preserve the father's contact and the child's welfare.

  • 1 Nov 2021

    周 對 車

    Citation
    [2021] HKFC 217
    Court
    Family Court
    Case number
    FCMC106/2018

    On balance and having accepted the social work and clinical psychologist evidence that the father is better able to manage the child’s behaviour and meet his special needs, and that the alternating weekly care was unsuitable, the court awarded the father sole care and control while retaining joint parental responsibility and granted the mother specified access; prior allegations of abuse did not establish unsuitability because they were investigated and not substantiated.