Read the full judgment text of FCMC 9300/2012 on BabelCite. This Family Court judgment was delivered on 14 October 2020 before Deputy District Judge Egerton.
Matrimonial causes – Child relocation – Best interests of the child – Guardianship of Minors Ordinance (Cap. 13) s.3 – Payne guidance – Child’s wishes – Financial arrangements – Access arrangements – Application granted – Sole care and control to Mother – Father granted access – Maintenance ordered – The Court considered the Mother’s application to permanently relocate the child C to Canada with her new partner Mr L. The Court applied the Payne guidance and the paramount consideration of the child’s best interests. The Social Welfare Officer reported that the child was mature and wished to relocate. The Court found the Mother’s proposal genuine and realistic. The Father’s opposition was genuine but the detriment was offset by arrangements for contact. The Court granted leave for the child to be removed from Hong Kong permanently no earlier than 28 December 2020. The Mother was granted sole care and control. The Father was granted reasonable access including daily indirect contact and staying access. The Father was ordered to pay maintenance of HK$4,000 per month. There was no order as to costs. The Court considered the Mother's prior unauthorized travel to Canada and concluded she would comply with court orders. The Court considered the financial arrangements and accepted the Father's ability to pay HK$4,000 per month. The Court considered the immigration arrangements and found them workable. The Court considered the child's education and religious needs in Canada. The Court considered the impact on the Father and Mother if relocation was refused. The Court found the detriment finely balanced. The Court prioritized the child's unequivocal wish to relocate. The Court ordered the Mother to facilitate a Mirror Order in Canada. The Court ordered the Mother to pay airfares for the child. The Court ordered the Father to pay maintenance commencing 1 January 2021.
Legal issues: Relocation Application · Maintenance Amount · Access Arrangements
Outcome: Application to relocate child to Canada granted. Mother granted sole care and control. Father granted access. Father ordered to pay maintenance.
Cites 1 case