Read the full judgment text of FCMC 16899/2014 on BabelCite. This Family Court judgment was delivered on 4 May 2018 before Her Honour Judge Grace Chan.
Matrimonial causes – District Court – Leave to appeal – Child relocation – Best interest of child – Fresh evidence – Ladd v Marshall conditions – Social welfare officer recommendation – Costs – Whether appeal has reasonable prospect of success – Whether fresh evidence admissible – Court held Payne v Payne principles still binding authority – SWO recommendation not binding – Fresh evidence pre-trial incident did not satisfy Ladd v Marshall conditions – Post-trial incidents did not show obstruction sufficient to vary custody – Leave to appeal refused – Mother to bear father's costs
Legal issues: Ground (1): Misapplication of legal principles · Ground (2): Failure to give due weight to SWO's recommendation · Ground (3): Failure to give due weight to mother's fear of access obstruction
Outcome: Leave to appeal refused; application to adduce fresh evidence dismissed
Cited by 3 cases · Cites 5 cases