Read the full judgment text of FCMC 9529/2019 on BabelCite. This Family Court judgment was delivered on 5 July 2024 before Her Honour Judge Thelma Kwan.
Family law – Child relocation – Best interest of child – Guardianship of Minors Ordinance (Cap. 13) s.3 – Payne v Payne principles – Social Investigation Report – Children’s wishes – Relocation application granted – Care and control to Mother – Access to Father maintained. The Petitioner Mother sought to relocate to the Philippines with two children following her new partner's job offer. The Respondent Father opposed the application. The Court found the application genuine and realistic. The impact on the Mother and Children outweighed the detriment to the Father. The Children expressed a wish to relocate. The Court granted leave for relocation. Care and control granted to the Mother upon relocation. Access arrangement as per Petitioner’s proposal. Maintenance application adjourned. No order as to costs.
Legal issues: Relocation Application (Genuine and Realistic) · Best Interests Balancing (Impact on Mother vs Father) · Children’s Wishes
Outcome: Relocation application granted; Care and control granted to Petitioner upon relocation; Maintenance adjourned.
Cites 2 cases