Read the full judgment text of FCMC 4362/2016 on BabelCite. This Family Court judgment was delivered on 2 July 2019 before Her Honour Judge Sharon D. Melloy.
Family law – Matrimonial Causes – Leave to appeal – District Court Ordinance s.63A – Child custody – Best interests – Status quo – Schooling arrangements – Intractable dispute – Leave refused – No costs order – Petitioner father sought leave to appeal judgment dated 8 August 2018 regarding arrangements for child RR aged 14 – Court found mother good and loving mother despite credibility issues – Father presented with mental health or behavioural issues – Court granted sole custody and care and control to mother despite possibility of deportation – Father argued reversal of status quo wrong, court found status quo not working – Father argued court erred in not directing boarding school, court found premature – Father argued misunderstanding of evidence regarding intractable dispute, court found parties unable to communicate – Leave to appeal refused as no reasonable prospect of success – No order as to costs as both parties legally aided – Certificate for counsel ordered – Court applied test under Section 63A District Court Ordinance requiring reasonable prospect of success or other reason in interests of justice – Cited TAC v VDC nee VDM, Rayden & Jackson, G v. G, Re M and R, Re N regarding limited role of appellate court in children's cases – Court emphasized trial judge's unique opportunity to see witnesses – Father failed to identify real prospect of success on appeal
Legal issues: Status quo · Schooling arrangements · Intractable dispute · Leave to appeal test
Outcome: Leave to appeal refused
Cited by 3 cases · Cites 1 case