Read the full judgment text of FCMP 129/2019 on BabelCite. This FCMP judgment was delivered on 15 October 2021 before District Judge S Lo.
Civil law – interim maintenance – Guardianship of Minors Ordinance (Cap 13) – Parent and Child Ordinance (Cap 429) – paternity presumption – reasonable needs – autism – costs in the cause – interim maintenance ordered at HK$23,000 per month – Father undertakings on ABA therapy and medical expenses – back payment refused – District Court – FCMP 129/2019 – L W S v T M L T – The Applicant Mother sought interim maintenance for her son born out of wedlock who was diagnosed with autism. The Respondent Father contested paternity and the quantum of maintenance. The Court held that the presumption of paternity under the Parent and Child Ordinance could be rebutted and drew an adverse inference against the Father for failing to seek scientific testing. The Court assessed the reasonable needs of the Son at HK$23,000 per month, including rent, education, and domestic helper costs. The Court refused back payments due to factual disputes and existing funds. Costs were ordered in the cause. The Court also directed the parties to jointly instruct an expert to update the progress of the Son's autism after six months of therapy.
Legal issues: Jurisdiction and paternity presumption · Reasonable needs of the Son · Back payment of maintenance · Costs order
Outcome: Interim maintenance ordered at HK$23,000 per month; back payment refused; costs in the cause.
Cited by 1 case · Cites 3 cases