Read the full judgment text of FCMC 005693/2000 on BabelCite. This Family Court judgment was delivered on 10 December 2001 before H.H. Judge Bruno Chan.
Custody – Best interests of the child – Psychological abuse – Guardianship of Minors Ordinance – District Court – The Court determined custody of a 5-year-old son following a contested divorce. The Father alleged psychological abuse by the Mother, supported by audio tapes of homework sessions. Expert evidence conflicted, but the Court found the Mother inadvertently psychologically abused the child. The Father was deemed more emotionally sensitive and better able to provide a stable environment. Custody awarded to the Father to ensure continuity and avoid risk of reversion to abusive behavior. Access arrangements increased for the Mother. Legal costs of over $5 million were criticized as unacceptable.
Legal issues: Whether the Mother did abuse M · Who was the primary carer of M · Which parent should be given M's custody care and control
Outcome: Custody care and control of M awarded to the Respondent Father. Access granted to the Petitioner Mother. Costs reserved.