Read the full judgment text of FCMC 9294/2020 on BabelCite. This Family Court judgment was delivered on 2 October 2024 before 區域法院暫委法官李家樂.
Matrimonial Proceedings Ordinance (Cap 179) – conditional divorce order – application to set aside – paternity dispute – child of the family – costs – Petitioner applied to set aside conditional divorce order granted in 2022 and amend divorce petition filed in 2020 based on new evidence that son was not biologically his – Court held that Petitioner failed to satisfy requirement under s.15C(2) that he was misled at time of application as suspicion arose later during garnishee proceedings – Court found paternity evidence unreliable due to inconsistent details regarding hair collection and laboratory location – Even if son not biological, may still be child of family depending on common family existence at birth – Application dismissed – Petitioner ordered to pay Respondent's costs summarily assessed at HK$50,000
Legal issues: Whether s.15C(2) Matrimonial Proceedings Ordinance satisfied · Reliability of paternity evidence · Child of the family status
Outcome: Application to set aside conditional divorce order dismissed.
Cited by 1 case · Cites 1 case