Read the full judgment text of FCMC 11427/2010 on BabelCite. This Family Court judgment was delivered on 17 January 2014 before Her Honour Judge Sharon D. Melloy.
Family law – custody – access – refugee status – joint custody – supervised access – Guardianship of Minors Ordinance – Matrimonial Proceedings and Property Ordinance – best interests of the child – international child abduction – UNHCR – District Court – JMHK v BRG – Joint custody ordered; Care and control to mother; Access ordered unsupervised day time then overnight weekends; No order as to costs – The court considered the best interests of the child S, a 7-year-old girl, in the context of her and her mother being mandated refugees in Hong Kong. The father sought joint custody and unsupervised access, while the mother sought sole custody and supervised access due to fears of abduction. The court held that joint custody was necessary to formally recognize the father's rights of custody under the Hague Convention and prevent ambiguity regarding removal to a third country. Access was ordered to be unsupervised day time initially, with overnight access introduced gradually, subject to preconditions including the father's wife's presence and passports being held by the solicitor. The court emphasized the importance of informing the father of any resettlement or change in immigration status. No order as to costs was made given the nature of the dispute.
Legal issues: Custody arrangement (Sole vs Joint) · Access arrangement (Supervised vs Unsupervised) · International implications (Hague Convention/Refugee status)
Outcome: Joint custody ordered; Care and control to mother; Access ordered (unsupervised day time then overnight weekends); No order as to costs.
Cited by 1 case · Cites 2 cases