Read the full judgment text of FCMC 1062/2013 on BabelCite. This Family Court judgment was delivered on 17 April 2015 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – District Court – Child Welfare – Schooling – Best Interests of the Child – Boarding School – Day Pupil – Parental Conflict – Psychological Support – Costs – FCMC 1062/2013 – The Court was asked to determine a narrow issue regarding the schooling arrangements for a 9-year-old child, K, specifically whether he should become a day pupil or a weekly boarder at X International School with effect from the end of August 2015. The father sought enrollment as a weekly boarder while the mother initially insisted on day pupil status. The proceedings were conducted in Chambers and not open to the public. The background involved increasingly high levels of antagonism between the parties, with K refusing to see his father following an alleged incident in November 2014 where the mother claimed abuse, though a Multi Disciplinary Case Conference found no abuse had been established. Despite court indications, K continued to refuse contact with his father and paternal grandparents. The father alleged alienation while the mother claimed it was K’s choice. Pending applications included contempt proceedings and applications to vary custody orders. Previous litigation history included divorce proceedings initiated in October 2011, various access orders, interim custody orders, and allegations regarding a domestic helper. Expert reports by Dr P highlighted K’s emotional state, noting he was introverted, internalized negative emotions, and suffered from the separation and parental conflict. Dr P recommended continued play therapy and boarding school to safeguard psychological wellbeing. The Court distinguished the English case Re P (a minor) (education: child’s wishes) [1992] 1 FCR 145. The Court found it appropriate for K to be enrolled as a boarding school pupil to distance him from the ongoing feud, provide access to school psychologists, and structure his day effectively. The Court noted the school day for boarders runs from 7:45 am to 5:00 pm, avoiding two hours of daily travel time for day pupils. The Court held that the best interests of the child outweighed K’s expressed preference not to board. The mother argued K was too young, but the Court noted he was almost 10 and had lived apart from her for a significant period. The Court ordered K to join X International School Hong Kong as a weekly boarder commencing in August 2015. Regarding costs, the Court decided it was more appropriate for there to be no order as to costs, making an order nisi to be made absolute in 14 days time. The judgment emphasized the need to protect K from the acrimonious situation to allow normal development. The Court accepted the clinical psychologist's recommendation that boarding school would provide an environment where K could be more distant from parental conflicts and be less stressful. The Court also noted that moving from day pupil to boarding school may not be possible due to demand, whereas the reverse is possible.
Legal issues: Schooling Arrangement
Outcome: Child K to join X International School Hong Kong as a weekly boarder commencing August 2015
Cited by 1 case