Read the full judgment text of CACV 81/2021 on BabelCite. This Court of Appeal judgment was delivered on 10 August 2021 before Maria Yuen JA, Carlye Chu JA, Bebe Pui Ying Chu J.
Family law – Relocation – Court of Final Appeal – Leave to Appeal – Guardianship of Minors Ordinance – Best Interests of Child – Appellate Discretion – Pandemic – Safeguards – Notice of Motion Dismissed – Whether the Court of Appeal erred in interfering with the trial judge's exercise of discretion – Whether the pandemic alters the paramount consideration of the child's best interests – Whether the Court should add safeguards rather than dismissing the application – Whether the questions raise a question of great general or public importance – Leave to appeal declined as no question of great general or public importance arose and no reasonable prospect of success – No order as to costs
Legal issues: Standard of appellate interference with discretion · Approach to relocation applications during pandemic · Burden of proof for safeguards in relocation · Criteria for granting leave to appeal to Court of Final Appeal
Outcome: Notice of Motion dismissed
Cited by 2 cases · Cites 4 cases