Read the full judgment text of FCMC 11528/2019 on BabelCite. This Family Court judgment was delivered on 20 September 2023 before Deputy District Judge Eugene Yim.
Children – Leave to appeal – District Court Ordinance – Passport renewal – Best interest of child – Custody – Removal from jurisdiction – Test for leave to appeal – Grounds of appeal dismissed – No order as to costs. The District Court considered an application for leave to appeal a judgment granting the Father leave to remove the Child to Canada for a holiday. The Petitioner raised seven grounds of appeal concerning passport renewal directions, maintenance, and risk of non-return. The Court applied the test under District Court Ordinance, Cap 336 s.63A(2) requiring a reasonable prospect of success. The Court found the previous decision was not plainly wrong and the appeal lacked merit. The Mother's summons was dismissed with no order as to costs.
Legal issues: Test for leave to appeal in children matters · Validity of passport renewal directions · Best interest of child regarding maintenance and travel · Risk of non-return
Outcome: Leave to appeal dismissed
Cites 3 cases