Read the full judgment text of CAMP 24/2020 on BabelCite. This Court of Appeal judgment was delivered on 9 July 2020 before Kwan VP, Cheung JA, Yuen JA.
Child relocation – custody – best interests of the child – children's wishes – exercise of discretion – appeal – leave to appeal – District Court Ordinance – SWO recommendation – visa status – access arrangements – Mother sought to remove children to Vancouver for education – First instance judge refused – Court of Appeal allowed appeal – Held: Judge erred in failing to give real effect to children's wishes; visa status not material to education plan; SWO recommendation should be accorded due consideration; judge made contradictory findings on impact on Mother – Orders: Leave to remove children granted; access arrangements made; order registered in British Columbia; no costs.
Legal issues: Children's wishes in relocation case · Visa status and relocation plan viability · SWO recommendation · Impact on Mother
Outcome: Leave to appeal granted; appeal allowed; leave granted to remove children to Vancouver for education.
Cited by 12 cases · Cites 1 case