Read the full judgment text of FCMC 000281/1991 on BabelCite. This Family Court judgment was delivered on 16 August 1995 before H.H. Judge de SOUZA.
Divorce Jurisdiction – Change of Surname – Jurisdiction – Guardianship of Minors Ordinance – Welfare of Children – Matrimonial Proceedings and Property Ordinance – Matrimonial Causes Ordinance – Costs. The petitioner, a divorced mother who remarried, applied for an order to change the surname of her two daughters from Chung to Ho. The court considered whether it had jurisdiction under section 19(1) of the Matrimonial Proceedings and Property Ordinance, Cap. 192, section 10 of the Matrimonial Causes Ordinance, Cap. 179, or section 4(2) of the Guardianship of Minors Ordinance, Cap. 13. The court held that section 19(1) of the MPPO conferred jurisdiction as custody includes the right to name a child, and section 4(2) of the GMO also provided jurisdiction for matters affecting welfare. The court applied the principle that the welfare of the children is the first and paramount consideration. Although the children had been known by the surname Ho at school for three years and faced some embarrassment, the court found no cogent evidence that refusing the application would compromise their welfare. The court also noted that granting the application would result in the children having a different surname from their younger siblings. The application was rejected. No order as to costs was made.
Legal issues: Jurisdiction to change surname · Welfare of children
Outcome: Application for change of surname rejected.