Read the full judgment text of FCMC 9999/2020 on BabelCite. This Family Court judgment was delivered on 16 April 2024 before Her Honour Judge Thelma Kwan.
Child relocation – best interest of the child – Payne v Payne principles – Guardianship of Minors Ordinance (Cap. 13) s.3 – Petitioner Mother sought to relocate with two children to Melbourne, Australia – Respondent Father opposed – Children born in Hong Kong, Mother Australian citizen – Mother faces financial stress and emotional pressure from Father – Social Investigation Reports supported relocation – Court found application genuine and realistic – Holistic assessment concluded relocation in best interest of children – Access arrangements proposed for Father – Order made allowing relocation with immediate effect – Joint custody order stands – Removal restriction uplifted – F directed to co-operate on passports – No order as to costs
Legal issues: Genuineness of application · Realism of proposal · Best interest of children · Access arrangements
Outcome: Relocation application allowed. Children permitted to relocate to Australia with immediate effect.
Cites 2 cases