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FAMV No. 21 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 21 OF 2010 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 209 OF 2009)
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Between:
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TWM |
Applicant |
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- and - |
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SMM |
Respondent |
| Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing : 27 August 2010 |
| Date of Determination : 27 August 2010 |
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ :
1. We begin by thanking counsel for their assistance. In the present case, the Court of Appeal proceeded on its understanding of the approach adopted by the English Court of Appeal in the case of Payne v. Payne [2001] 1 FLR 1052. There may come a time when the Court of Final Appeal will have to consider the true effect, and indeed the suitability for Hong Kong’s purposes, of that approach. But on the facts of the present case, we do not think that there is any real prospect of a different result being reached on the basis of any different approach that the Court of Final Appeal may lay down to preserve the undiluted paramountcy of the child’s welfare in relocation cases.
2. So leave to appeal to the Court of Final Appeal is refused. This is a very distressing case as relocation cases so often are. We can only hope that the parents will in the course of time find it possible to ease the situation for themselves and their child.
[Argument on costs.]
3. The application for leave is dismissed with costs.
| (Kemal Bokhary) |
(Patrick Chan) |
(RAV Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Russell Coleman SC and Ms Mairead Rattigan (instructed by Messrs Hampton, Winter & Glynn) for the applicant
Mr Benjamin Yu SC and Mr Neal Clough (instructed by Messrs Erving Brettell) for the respondent
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