Read the full judgment text of FCMP 226/2021 on BabelCite. This FCMP judgment was delivered on 15 November 2023 before Her Honour Judge Thelma Kwan.
Child relocation – best interests of the child – Guardianship of Minors Ordinance – Payne v Payne principles – Social Welfare Reports – wishes of the children – relocation to Philippines dismissed – care and control granted to father – non-removal order maintained – no order as to costs
Legal issues: Is the application genuine and not motivated by M’s desire to exclude F from the Children’s life · Is the application realistic and found on proposals well researched and investigated · Is the F’s opposition motivated by genuine concern for the future of the Children’s welfare or is it driven by some ulterior motive · Will the granting of the Relocation Application be detrimental to the H and his future relationship with the Children · To what extent would that detriment be offset by extension of the child’s relationship with the maternal family · What would be the impact on the M on the refusal of her realistic proposal? · Wishes of the Children · Is W going to stay in the Philippines? · Non-Removal Order in HK / Proposal for travelling out of HK
Outcome: M’s Relocation Application is dismissed. Care and control of the Children be granted to the Father.
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