Read the full judgment text of FCMC 5078/2020 on BabelCite. This Family Court judgment was delivered on 14 September 2021 before 黃禮榮.
Child custody – Best interests of the child – Guardianship of Minors Ordinance – Split custody – Access supervision – No costs order – District Court. The Court determined the custody arrangement for two daughters in a divorce proceeding. The Court found that joint custody was not suitable due to communication breakdown between parents. The Court awarded sole care and control of the older daughter to the father and the younger daughter to the mother. Access was ordered based on Social Welfare Department recommendations with supervision for one year. No costs order was made. The Court emphasized that the best interests of the children are the paramount consideration. The Social Welfare Department reports indicated that the children were accustomed to living with different parents and did not wish to change their living environment. The Court noted that the father's proposals to care for both children were not superior to the current arrangement due to reliance on elderly grandparents. The mother was found to be uncooperative and absent from hearings, while the father was diligent. The Court concluded that maintaining the status quo was in the best interests of the children. The Court also ordered that access be supervised by the Social Welfare Department for one year to prevent disputes. The Court made no costs order as the application involved children's issues.
Legal issues: Care and Control · Guardianship · Access · Costs
Outcome: Father awarded sole care and control of older daughter; Mother awarded sole care and control of younger daughter. Access arranged per SWD recommendation supervised for one year. No costs order.
Cited by 1 case · Cites 2 cases