TANG LAU WAI CHUN v. TANG FUNG FAT

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JUDGMENT

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Sir Alan Huggins, V.-P.:

1. This is an appeal against an order of H. H. Judge Wane upon an application to define the "reasonable access" granted pursuant to an order made on 27th September 1985. We are told that the judge declined jurisdiction to make an order defining access on the ground that an appeal had been lodged against the order granting custody to the Respondent. With respect to the learned judge I do not think that the fact that an appeal had been lodged deprived him of jurisdiction. It is alleged that reasonable access has not been given pursuant to the order. That order must necessarily remain in force until the hearing of the appeal against the custody order unless it is varied before that, and it is essential now that difficulties have arisen that the parties should know what reasonable access means. They have not previously been able to agree, but it would be wrong that the mother should, in effect, be deprived of access until the hearing of the custody appeal. Therefore I think the judge had jurisdiction and that this appeal must be allowed.

2. Mr. Payne, for the Petitioner, has asked us not to remit the case to the trial judge for him to consider the application and has asked us to define the periods of access. Happily the parties are now able to agree and I think it is appropriate hat we should define the access. I would therefore make an order in these terms:

Cons, J. A.:

3. I agree entirely with my Lord and would only suggest subject to Mr. Payne's comments that there be no order as to costs on this appeal save one for Legal Aid taxation.

Fuad, J. A.:

4. I also agree.

5th November 1985