Read the full judgment text of FCMC 3846/2017 on BabelCite. This Family Court judgment was delivered on 17 September 2021 before District Judge S. Lo.
Matrimonial causes – Schooling – Welfare of child – Primary school – Canossa – Shrewsbury – Best interests – Costs – Guardianship of Minors Ordinance (Cap. 13) – District Judge S. Lo – Child to attend Canossa for 2021/2022 – No order as to costs – The Petitioner and Respondent, divorced parents of a 5-year-old boy, disputed the choice of primary school for the upcoming academic year. The Petitioner proposed Canossa School Hong Kong, citing its local history, Cantonese education, and proximity to the Mother's home, while the Respondent proposed Shrewsbury International School, arguing for its tailored support and relaxed environment. The Court considered factors including stability in schooling, language of instruction, convenience of commute, family background, and the primary caregiver's views. Social Welfare Reports indicated the child was cheerful but had some self-care weaknesses. The Court found the family background quintessentially local Hong Kong, favoring a school with a strong foundation in Cantonese. Canossa was deemed more suitable due to its established track record, shorter commute for the Mother, and flexibility for future secondary schooling compared to Shrewsbury's new track record and English-medium instruction. The Court ordered the child to attend Canossa for the 2021/2022 academic year. Regarding costs, the Court made no order as to costs, departing from the usual order only if there was a specific reason, which was not present. The Court emphasized that the paramount consideration is the welfare of the child under section 3 of the Guardianship of Minors Ordinance (Cap. 13). The Mother, as the primary carer, had done research including a school visit to Shrewsbury, and her preference was not borne of malice. The Father's concern about stress was acknowledged, but the Court believed the parties should cooperate to manage the child's needs. The interim arrangement had the child attend Canossa from 3 September 2021. The trial of the variation application regarding care and control was fixed for November 2021. The Court noted that transitioning from a local school to an international school is conventionally easier than the reverse, making Canossa a more flexible choice for future planning. The Court also considered the child's heritage and upbringing, noting that being fluent in Cantonese with traditional Chinese would be beneficial. The Court concluded that Canossa better suited the child's needs both in the short term and long term. Canossa has been a co-ed school since 1984, whereas Shrewsbury set up a franchise in Hong Kong in August 2018. The Mother is an alumnus of Canossa, which assisted the child's adaptation. The child had previously attended St. Margaret Mary’s Catholic Kindergarten. The Court observed that Shrewsbury teaches the British National curriculum, whereas most international secondary schools in Hong Kong have adopted the Internationale Baccalaureate curriculum. The Court found that Canossa has a clearer track record of students progressing to classic local secondary schools. The Court accepted that if Canossa is chosen, certain time can be saved during the interim arrangement when the Mother is having care and control. The Court also noted that the Father is a solicitor and the Mother was a full-time mother. The Court considered the child's emotional stability and the impact of parental conflict. The Court held that the choice of school should be made by the parents, but since they could not agree, the Court had to decide. The Court balanced the factors and found Canossa to be the better choice for the overall welfare of the child.
Legal issues: Choice of primary school · Costs
Outcome: Child to attend Canossa for the upcoming academic year of 2021/2022.
Cited by 1 case · Cites 2 cases