FCMP 45 / 2017

[2025] HKFC 67

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FAMILY COURT

MISCELLANEOUS PROCEEDINGS NUMBER 45 OF 2017

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JUDGMENT
( Variation of orders concerning a minor )

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(This judgment is delivered to the parties orally in English with
interpretation service provided by a court interpreter)

Introduction

1. This is the application concerning a girl born on 20 August 2007. She will turn 18 this coming August. The applicant, Madam L, is her natural mother. The respondent, Mr P, is her natural father.

2. The parents had a romantic relationship in the past but they never got married. The mother is a PRC citizen and does not have the right of abode in Hong Kong. The father is a Hong Kong citizen who has his own family and children.

3. This judgment concerns the mother’s application taken out on 20 February 2024 for various children matters. Upon further oral clarification by me with the mother in the last hearing of 10 January 2025, I gathered that her application boils down to the variation of the order made by Master June Cheung on 14 December 2023, including variation of custody, care and control of the daughter to her, and variation of access in that the staying access of once a week should be reinstated.

4. According to the order made by Master June Cheung on 14 December 2023, custody, care and control of the daughter is granted to the father, and the mother would have day access. The master also cancelled the staying access arrangement. Now, notably, the mother’s application was made very shortly after Master June Cheung’s order. The time gap in between was about 1.5 months.

Background and the case history

5. This case began with the mother’s originating summons filed in 2014 [sic.] for custody and maintenance for the daughter. At that time, the daughter was about 10 years old. Since then the court gave a number of interim care and control and interim access orders which need not be detailed in this oral decision.

6. Two children’s dispute resolutions were held before me way back in 2017 and 2018. It was during the 2 ^nd children’s dispute resolution hearing that the court was informed that the mother was admitted into the psychiatric ward of the Eastern Hospital since December 2017.

7. Since the mother was hospitalised, the daughter was sent to a child home (Po Leung Kuk) in December 2017 and she has been staying there ever since then until now. She has been in Po Leung Kuk for more than 7 years.

8. Due to the mother’s mental situation, the 2 ^nd children’s dispute reso