Kk, H v. Pk, H

FCMC 8332 / 2017

[2025] HKFC 64

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 8332 OF 2017

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J U D G M E N T
Decree Absolute
Paper disposal

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A.  Background

1.On the 13 of December 2024 I delivered judgment (“the Judgment”) granting the Mother’s application to relocate to Singapore with A, a girl aged 9.

2.By her summons of 19 December 2024 the Mother applied to vary the judgment removing her obligation to obtain a Mirror order in Singapore prior to the relocation.

3.The Father opposed the application. The application came before the Court on the 7 January 2025; I granted the Mother’s application as set out in the judgment of the same day.

4.On the 8 January 2025 the Husband sought leave to appeal the Judgment with a stay pending appeal. By the Judgment of 13 February 2025 I dismissed both applications.

5.The history and the details of the case are set out in the Judgment; I do not propose to repeat them in this judgment.

B.  The application before the Court

6.By her summons of 7 January 2025 the Mother applies for the Decree Nisi pronounced on the 8 January 2019 to be made absolute

C.  The Father’s position

7.As set out in his 54 affirmation dated 10 February 2025 the Father asks the court to dismiss the Wife’s application for the decree nisi to be made absolute.

8.It would appear to be the Father’s case that he wishes that “all matters be fully resolved before a decree absolute is granted”

D.  Analysis

9.In the Judgment I considered the status of the ancillary relief proceedings and the question of a declaration under Section 18, I stated as follows:

Section 18, decree absolute

79. By reference to section 18(6) of the MPPO welfare “in relation to a child includes the custody and education of the child and financial provision for him”.

80. The custody of A is recorded in the order of 15 December 2017 whereby the Parents have the joint custody of A.

81. Following upon the previous orders and this judgment there are now orders as to A’s custody and care and control, in addition to which arrangements have been ordered as to her relocation, education and access.

82. I have carefully considered whether, by reason of the problematical financial provision, arising from the Father’s failure to comply with court’s order as to maintenance, the court can be satisfied as to the “arrangements for the welfare” of A.

83. In the context of the case generally and notwithstanding the ongoing litigation in relation to maintenance and the fact that ancillary relief between the Parents has yet to be determined I consider the arrangements for A “are the best that can be devised in the circumstances”.

84. In addition I consider and that it is in A’s best interests for her Parents’ unhappy marriage be formally brought to end thereby by allowing the relationship between her Mother and Mr. N to be appropriately formalised by marriage.

85. I therefore hereby pronounce a Section 18 declaration. It will then be for the Mother to apply for the decree nisi pronounced on the 8 January 2019 to be made absolute.”

10.I do not consider that the Husband’s opposition to the Decree Absolute raises any new matter of substance that I had not considered at the time of the Judgment.

11.I therefore grant the Mother’s application for the Decree Nisi to be made Absolute.

E.  Costs

12.Having considered the matter as a whole within the context of these unhappy and protracted proceedings there shall be no order as to costs nisi, such order to be absolute 14 days from the date of this judgment.

The Petitioner (Father) and Respondent (Mother) both appeared in person