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FCMC 12621 / 2019
[2024] HKFC 161
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MATRIMONIAL CAUSES NO. 12621 OF 2019
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BETWEEN
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HHY
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Petitioner
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and
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LHW
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Respondent
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Coram:
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Deputy District Judge Theresa Chow in Chambers (Not Open to Public)
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Dates of Hearing:
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4 – 6 October 2023
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Date of Petitioner’s closing submissions:
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3 November 2023
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Date of Respondent’s closing submissions:
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3 November 2023
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Date of Petitioner’s reply submissions:
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17 November 2023
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Date of Respondent’s reply submissions:
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17 November 2023
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Date of Judgment:
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30 August 2024
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-----------------------------------
J U D G M E N T
(Final Ancillary Relief)
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A.
Introduction
1.
This is a judgment to determine the issue of final ancillary relief, including maintenance for the child of the family going forward.
2.
The Husband and the Wife, both currently 43 years old, married on 19 December 2014.
3.
They have 1 son, LTC (born on 9 October 2015 and now nearly 9 years old) (the “
Son
”), who was attending Primary 2 at a local school in Hong Kong at time of trial.
4.
Petitions for divorce had previously been filed in FCMC 6455/2019 and FCMC 6514/2019. Both proceedings had been dismissed by Order of DDJ Susan Wong dated 15 October 2019, whereupon the present proceedings were commenced based on a petition dated 22 October 2019 for divorce on grounds of 1-year separation by consent, the date of separation being 14 October 2018.
5.
A Decree Nisi was granted on 17 November 2020.
6.
By Order of DDJ Susan Wong dated 10 August 2020, the parties were granted joint custody of the Son and with interim care and control to the Husband and defined access to the Wife.
7.
The issue of care and control was litigated in a 7-day trial, culminating in an Order of DDJ Susan Wong dated 28 September 2021 which granted sole care and control of the Son to the Wife, and defined access to the Husband during term time for
inter alia
(i) alternate weekend staying access from Friday after school to Sunday 8pm and Friday after school to Saturday 8pm; (ii) day access every Tuesday and Thursday from 6:30pm to 8:30pm if the Husband does not need to work. The parties are to equally share the Son’s long school holidays.
8.
Both parties are in stable employment without expectant significant change. The Husband has been a policeman since 2009. His current income is HK$40,000/month.
The Wife has been employed as a physiotherapist in a private hospital since around 2011. Her current income (inclusive of bonus) is around HK$63,000/month.
9.
In this trial, the Wife is represented by Mr Eric Leung and the Husband is represented by Mr Enzo Chow. In their oral opening submissions, both Counsel confirmed that this is a sharing case, given the parties’ income and resources are sufficient to meet the reasonable needs of themselves and the Son.
10.
The main d
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