Read the full judgment text of FCMC 4931/2012 on BabelCite. This Family Court judgment was delivered on 23 February 2015 before Deputy District Judge Grace Chan.
Family law – Matrimonial causes – Guardianship of minors – Leave to appeal – Relocation of children – Hague Convention – Enforcement of access orders – New evidence – Costs – District Court Ordinance s.63A(2) – Ladd v Marshall – SMSE v KL – KNM v HTF – G v G – RK v YS – The petitioner (father) sought leave to appeal against a judgment allowing the respondent (mother) to relocate the children to Japan. The children are AK (12) and KK (10, severe autism). The father argued error in law regarding Hague Convention enforcement, mother's need for assistance, and obstruction of access. The court held that the father failed to show an arguable case with reasonable prospects of success. The Japanese legal opinion did not explicitly state enforcement was difficult. The mother's need for assistance was consistent with the children's changing needs. The emails regarding school arrangements were not admissible new evidence as they did not meet Ladd v Marshall criteria. The stay of relocation was refused to avoid the children missing the school term in Japan. Costs followed the event.
Legal issues: Leave to appeal test · Ground 1: Hague Convention enforcement · Ground 2: Mother's need for assistance · Ground 3: Obstruction of access · Stay of relocation
Outcome: Leave to appeal dismissed; Stay of relocation refused; Costs ordered
Cites 4 cases