Twm v. Smm

FAMV No. 21 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 21 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 209 OF 2009)

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Between:

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1.We begin by thanking counsel for their assistance.  In the present case, the Court of Appeal proceeded on its understanding of the approach adopted by the English Court of Appeal in the case of Payne v. Payne [2001] 1 FLR 1052.  There may come a time when the Court of Final Appeal will have to consider the true effect, and indeed the suitability for Hong Kong’s purposes, of that approach.  But on the facts of the present case, we do not think that there is any real prospect of a different result being reached on the basis of any different approach that the Court of Final Appeal may lay down to preserve the undiluted paramountcy of the child’s welfare in relocation cases. 

2.So leave to appeal to the Court of Final Appeal is refused.  This is a very distressing case as relocation cases so often are.  We can only hope that the parents will in the course of time find it possible to ease the situation for themselves and their child.

[Argument on costs.]

3.The application for leave is dismissed with costs.

Mr Russell Coleman SC and Ms Mairead Rattigan (instructed by Messrs Hampton, Winter & Glynn) for the applicant

Mr Benjamin Yu SC and Mr Neal Clough (instructed by Messrs Erving Brettell) for the respondent