Read the full judgment text of FCMC 766/2022 on BabelCite. This Family Court judgment was delivered on 28 June 2024 before 陳玉芬.
Child relocation – Best interests of the child – Permanent removal to Taiwan – Hague Convention non-signatory – Feasibility of plan – Sincerity of applicant – Contact arrangements – Matrimonial proceedings – Guardianship of Minors Ordinance (Cap 13) s.3 – Payne v Payne guidelines – SMM v TWM – ZJ v XWN – H v W – Whether mother's plan to relocate child to Taiwan is feasible and sincere – Whether risk of abduction outweighs benefits – Whether child's wishes should be given weight – Court granted permission for child to permanently relocate to Taiwan – Departure date set for not earlier than 2024-08-09 – Custody and care and control granted to mother – Reasonable access granted to father including video calls and holiday visits – No costs order for child matters – Mother's costs under Legal Aid Regulations
Legal issues: Whether to grant permission for child to permanently relocate to Taiwan · Feasibility and sincerity of mother's relocation plan · Risk of abduction and non-compliance · Contact arrangements post-relocation
Outcome: Application granted. Child permitted to permanently relocate to Taiwan.
Cites 5 cases