Read the full judgment text of FCMC 4289/2018 on BabelCite. This Family Court judgment was delivered on 8 January 2019 before 區域法院暫委法官張志偉.
Family law – Custody, care and control – Kindergarten selection – Best interests of the child – Guardianship of Minors Ordinance (Cap 13) s.3 – Temporary order – Self-represented parties – No costs order. The Court determined temporary custody, care and control should be awarded to the Mother as she is the primary caregiver and the children show strong attachment to her. The Father's plan to quit his job was viewed with suspicion. Regarding kindergarten selection, the Court held the children should enter in the current academic year at the Mother's chosen school near her residence, as this aligns with the children's best interests and the caregiver's location. The Father's request to delay entry was rejected. The Court maintained the existing access order and made a no costs order as both parties acted out of love for the children despite their conflict.
Legal issues: Temporary custody, care and control pending trial · Kindergarten selection and entry timing · Costs
Outcome: Temporary custody, care and control awarded to the Petitioner (Mother); Registration certificate handed to Petitioner to register children in Petitioner's chosen kindergarten; Access order maintained; No costs order.