FCMC 12707/2019

[2024] HKFC 175

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 12707 OF 2019

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R U L I N G
( Costs on Children matter )

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Introduction

1. Before me is a summons taken out by the Petitioner Father (“Father”) filed on 2 February 2024 (“Variation Summons”) in seeking to vary two consent orders insofar as they concern relocation and care and control of the two children of the family, namely S, a boy born on 4 January 2012 (“S”) and T, a boy born on 27 January 2014 (“T”) (collectively as “Children” )

2. Shortly before the trial was scheduled to commence, the parties were able to agree on the substance of the disputes and filed a consent summons on 8 May 2024 and I made an order in terms of that on 9 May 2024. The issue of costs remains the only issue in dispute and in short, the Respondent Mother (“Mother”) asks for costs notwithstanding acknowledging this is a children matter, by reason that the agreement reached in the end amounted to no more than the Father’s withdrawal of his Variation Summons and she says, in gist, the Variation Summons was the Father’s disingenuous last-minute attempt to obstruct the Mother from relocating with the Children in June 2024, which was the previously agreed time of relocation.

3. The Father asks for no order as to costs to the Variation Summons and says, in gist, that he was at all times litigating in the best interests of the Children.

4. The parties agreed for this issue to be dealt with by paper disposal and agreed on directions for filing of submissions. Mr. Singh for the Mother invites me to consider his submissions first, as logically the Mother is the party seeking for costs, notwithstanding the Variation Summons was taken out by the Father and that the Father by asking for no order to be made on costs is responding to her claim. Suffice to say I have considered all the materials advanced by both parties. Issue of costs, especially in children matter, demands the Court to consider all relevant circumstances linearly as well as laterally in performing a discretionary exercise. Accordingly, I should not bind myself to look at the matter in any specific sequence as suggested or otherwise.

Background

5. Since the parties have reached a settlement on the disputed issues, I shall only set out those basic background relevant to the single issue of costs before me.

6. The parties are both in their mid-forties. They married in the UK in 2011. They relocated to Hong Kong in 2018 upon a job opportunity of the Father. The Mother had been in employment in the UK until around 2012, and after S was born, she became a housewife. The Father petiti