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2025 Supreme(HK)(HKFC) 134

FCMC 12549/2022

[2025] HKFC 110

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO.12549 OF 2022

----------------------------

BETWEEN
PSD Petitioner
and
TFM Respondent

----------------------------

Coram: Deputy District Judge F. Li in Chambers (Paper Disposal)
Date of Petitioner’s (Applicant’s) submission: 12 March 2025
Date of Respondent’s submission: 22 April 2025
Date of Decision: 2 July 2025

------------------------------------------------------------

Decision
( Leave to Appeal )

------------------------------------------------------------

A. Introduction

1. This is the decision on the Petitioner Father’s Summons dated 12 March 2025 ( “Summons” ) seeking leave to appeal against the judgment of this Court handed down on 26 February 2025 ( “Judgment” ) on the custody, care and control and access arrangement of the two children of the family, namely D and S. The terms defined in the Judgment are adopted in this Decision.

2. For reasons given in the Judgment, I ordered under paragraph 129 of the Judgement that, inter alia , (a) there be joint custody to the parties and (b) the parties do have shared care of the Children on a roughly 50:50 ratio, in the manner set out under paragraph 113 of the Judgment.

3. Whilst represented at trial, the Father is now acting in person. As illustrated below, the Father filed draft grounds of appeal with voluminous new documents without leave. The grounds put forward by the Father without legal assistance are also in a rather less organised manner. It took the Court considerable effort to distil the real grounds upon which the Father is relying. Doing the best I can here, it appears to me that the Father’s grounds of appeal can be summarised as follows:

(a) the Court’s decision is “manifestly unjust” and the orders are “not in the best interest of the Children” ( Ground 1 ).

(b) the Court failed to consider the “ clear bias ” of the SIO in his SIRs, and that the SIRs should be completely disregarded as they are “biased” and were “written by someone who appears incompetent ” ( Ground 2 ).

B. Procedural background

4. The trial was conducted on various days in May and June 2024, with both parties being legally presented.

5. By a Notice to Act in Person dated 16 January 2025, the Father began acting in person in these proceedings.

6. On 26 February 2025, the Judgment was handed down by this Court.

7. On 12 March 2025, the Father filed the Summons, an 11-page homemade draft grounds of appeal, a 1-page written statement/skeleton submission, and three medical certificates of D issued in 2023.

8. The Court later wrote to the Father, directing him to comply with the “New Arrangement for Application for Leave to Appeal in the Family


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