Read the full judgment text of FCMC 4026/2016 on BabelCite. This Family Court judgment was delivered on 14 March 2024 before Her Honour Judge Thelma Kwan.
Child relocation – Guardianship of Minors Ordinance (Cap. 13) s.3 – Best interest of child paramount – Payne v Payne principles – Application by father to relocate to UK with two children – Mother opposes – Mother has not seen children since May 2017 – Social Investigation Report supports relocation – Father has job offer and research – Children keen to go – Application allowed – Relocation to UK with immediate effect – Removal restriction uplifted – No order as to costs.
Legal issues: Is the application genuine and not motivated by F’s desire to exclude M from the Children’s life · Is the application realistic and found on proposals well researched and investigated · Is the M’s opposition motivated by genuine concern for the future of the Children’s welfare or is it driven by some ulterior motive · What would be the impact on the F on the refusal of his realistic proposal · Will the granting of the Relocation Application be detrimental to the M and her future relationship with the Children · Holistic assessment of what is in the best interest of the Children: the Balancing Exercise
Outcome: Application for relocation allowed.
Cites 2 cases