Fkyp v. Khyf
Read the full judgment text of FCMC 7952/2012 on BabelCite. This Family Court judgment was delivered on 25 October 2013 before Deputy District Judge K K PANG.
Matrimonial Causes – Access – Children’s welfare – Long holidays – Term time access – Grandparents access – District Court – Father working in Shanghai – Access arrangements determined – Welfare of children paramount – Father to have greater share of long holidays – Overnight access permitted during term time – Grandparents access limited to specific times – No substitute access for grandparents – Costs: No order unless submissions within 14 days, save respondent mother's own costs taxed in accordance with the Legal Aid Regulations.
Legal issues: Split of Easter and summer holidays · Return time for public/single school holidays · Return time for alternate weekends · Grandparents access time on Tuesdays · Overnight access during term time · Grandparents access on father's behalf
Outcome: Access orders made; Costs: No order unless submissions within 14 days, save respondent mother's own costs taxed in accordance with the Legal Aid Regulations.
Cites 1 case
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FCMC 7952 / 2012 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MATRIMONIAL CAUSES NUMBER 7952 OF 2012 ----------------------------
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----------------------- J U D G M E N T ----------------------- 1.I will refer to the “petitioner” and the “respondent” as the “father” and the “mother” respectively. 2.After a 12-day trial, by my Judgment handed down on 28 August 2013, it was ordered that:
3.The parties were unable to agree on the access arrangements. 4.The father has put forward proposals based on the alternatives of the father remaining in Shanghai and the father moving back to Hong Kong or nearby cities. During this hearing, it was confirmed on his behalf that the father has not had any plan to relocate to Hong Kong or nearby cities. He is working in Shanghai and it has been his case that his employment in Shanghai will be extended when his current 3-year contract expires by September 2014. In my judgment dated 28 August 2013, I hold that, from a practical point of view, the father can look for greener pastures in New York, Beijing, Shanghai, Hong Kong or other financial hubs of the world. We simply do not know if and when the father will relocate to Hong Kong or nearby cities. In the circumstance, I take the view that it is premature to make any access arrangement for the event that the father relocates to Hong Kong or nearby cities. 5.The father’s access proposals whilst he remains in Shanghai are as follows:-
6.As to the father’s abovementioned proposals, the mother responded as follows:-
7.The parties hold differing views on:
The split of the Easter holidays and the summer holidays 8.In so far as access is concerned, the court is primarily concerned with the welfare of the children and not the relative rights of the adults with respect to them. This is generally said to be the right of the children, as opposed to the parents. The children have the right to see and have a relationship with both parents. It is not in dispute that it is in the best interests of children to remain in close contact with their parents. It may be particularly so in the present case as it is noted that the children of the family have a very close relationship with both parties and their grandparents. Neither is it disputed that the father shall have a greater share of the long holidays so as to compensate his loss of time with the children due to the relocation from Shanghai. At the same time, I consider that due regard should also be given to the mother’s submission that the access arrangements must be fair to the mother as well so that she would have an opportunity to spend some quality time with the children during the long holidays. In the premises, I regard that it is appropriate to allow the father to have the whole Easter holidays and 60% of the summer holidays while the mother shall have 40% of the summer holidays. When the father has access during public holidays and single school holidays, whether the father shall return the children by 5 p.m. on the day before the next school day or he can have the children until the father sends them to school on the next school day; When the father has overnight access on alternate weekends, whether the father shall return the children by 5 p.m. on Sunday or he can have the children until they attend school on Monday 9.It is the mother’s concern that the regular pattern of the children’s daily living will be thrown into disarray, if overnight access is to take place on weekdays during school term time. What the mother finds more troublesome is the father’s request to have access from public holidays and single school holidays until the next school day. It is noted on behalf of the mother that such arrangement means the children will have to bring with them the school uniform, the books and their homework etc. when they leave home for the father’s overnight access. She considers that it is very inconvenient to the children so to do and therefore the children shall go to school from home. In this respect, I agree with the father that the parties are both educated enough to cope with the children’s homework and their daily routine. There is no reason why the children must go to school from home. I regard that when the father has access during public holidays and single school holidays, he can have the children until the father sends them to school on the next school day, and when the father has overnight access on alternate weekends, he can have the children until they attend school on Monday. As the children need to bring with them the school uniforms, school books and home work, etc., apparently the father shall pick up the children from their home base. The father shall pick up the children at 5 p.m. from their home base. Whether the paternal grandparents shall have access on Tuesday from after school to 9 p.m. or from 5 p.m. to 8 p.m. 10.As stated by the mother, it is the typical weekday daily routine of the children during term time that the children go to bed before 10 p.m. and get up at 7 a.m. next day. Accordingly, I consider that the children shall be picked up after school from school and returned to their home not later than 8:30 p.m. by the paternal grandparents. During school term time, subject to his availability and with suitable prior notice, whether the father can have overnight access from after school until the father sends them to school next day or day access from 6 p.m. to 9 p.m. during the weekdays 11.By reason of matters stated in the paragraph 9 above, I also rule that the father can have overnight access from until the father sends them to school next day. Again, the father shall pick up the children at 5 p.m. from their home base. With respect to the access arrangements set out above, whether the paternal grandparents should have access to the children on the father’s behalf 12.I agree with the mother’s submission that grandparents cannot substitute the role of parents as primary care-givers and thus, it is not appropriate to let the paternal grandparents have access on the father’s behalf. 13.In summary, I make an order for the following access arrangements:
14.Unless I receive submissions to the contrary within 14 days hereof, I shall make no order as to costs, save that the respondent mother’s own costs be taxed in accordance with the Legal Aid Regulations.
Ms. Corinne Remedios instructed by Messrs Howse Williams Bowers for the petitioner Ms. Jennifer Tsui instructed by Messrs Kevin Ng & Co. for the respondent | |||||||||||||||||||
Cases cited in this judgment
Further hearings and rulings under FCMC 7952/2012