Read the full judgment text of FCMC 6895/2011 on BabelCite. This Family Court judgment was delivered on 4 December 2015 before Deputy District Judge K K PANG.
Family law – Relocation – Care and control – Welfare of child paramount – Guardianship of Minors Ordinance – Payne v Payne guidelines – Child's wishes – Temporary care arrangement – Social Investigation Report – Dismissal of summons – Access to be agreed – The District Court heard an application by the father for care and control of the child and leave to remove the child to Singapore following his remarriage and relocation. The court applied the welfare principle under the Guardianship of Minors Ordinance, Cap 13 s.3 and the guidance from Payne v Payne [2001] Fam 473. The court found that the arrangement for the child to live with the father from 2012 to 2014 was temporary and that the mother remained the primary carer. The child's wishes, as reported in the Social Investigation Reports, indicated a preference to remain in Hong Kong with her mother. The court held that the child's best interests were served by maintaining the status quo in Hong Kong, given the intimate relationship with the mother and the child's adjustment to her school and life there. The father's application was dismissed. The court directed the parties to agree on a detailed access plan within 21 days. No order as to costs was made nisi.
Legal issues: Relocation Application and Welfare of Child · Nature of Care Arrangement 2012-2014 · Child's Wishes and Social Investigation Reports
Outcome: F's summons dismissed; C to remain in Hong Kong with M.