IN THE MATTER OF an Application under Section 10 of the Guardianship of Minors Ordinance,
Cap 13
AND
IN THE MATTER OF the minor, J
BETWEEN
CPY
Applicant
and
TTKJ
Respondent
____________________
Coram:
His Honour Judge I Wong in Chambers (Not open to Public)
Dates of Hearing:
4 & 6 June 2024
Date of Judgment:
12 February 2025
--------------------
JUDGMENT
(
Maintenance – Guardianship of Minors Ordinance (
Cap 13
)
)
--------------------
1.
This is a trial on the mother’s application against the father for financial provisions for the benefit of their son, who was born out of wedlock, pursuant to section 10(2) of the Guardianship of Minors Ordinance,
Cap 13
(“
the Ordinance
”).
2.
In this judgment I shall, for ease of reference, refer to the applicant and the respondent as “
the mother
” and “
the father
” respectively. I shall refer to the son as “
J
”.
Parties’ Background
3.
The mother is currently 38 years old and the father is 41. Both are local Chinese.
4.
The parties, both unmarried, started a relationship in October 2017 and commenced cohabitation in September 2018 at an apartment rented by the father in a decent neighbourhood in Shau Kei Wan. Shortly thereafter on 7 November 2018, J was born.
5.
Sadly, this family was a short-lived one. The relationship turned so sour that the father did not renew the tenancy of their home upon its expiry on 30 September 2020. The mother was forced to leave, bringing J with her, and move to live with her parents at her maiden home.
6.
Shortly thereafter, on 19 October 2020, the mother took out an Originating Summons against the father for custody, care and control of J and for J’s maintenance.
7.
On 19 January 2021, I granted the sole custody, care and control of J to the mother with reasonable access to the father. At the same time, I ordered the father to pay an interim maintenance of $5,000 per month for the benefit of J.
8.
By another order dated 20 April 2022, the interim maintenance has been increased to $10,000 per month.
Trial in the Absence of the Father
9.
The father participated in the proceedings throughout up to 4 June 2024 when the trial began. Except from 25 April 2022 to 5 May 2023 when the father was represented by a firm of solicitors he had been acting in person.
10.
At the mention hearing of 2 November 2023 at which the father attended, the trial on J’s maintenance was set down to take place before me on 4 June 2024 (with 5 and 6 June 2024 reserved).
11.
The father also appeared at the Pre-trial Review hearing of 24 January 2024 in which the trial dates of 4 to 6 June 2024 were c
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