H v W [2021] HKCA 733

• Published date: 03 August 2021
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Trials & Appeals & Compensation
• Law Firm: Gall
• Author: Ms Caroline McNally and Catherine Tso

[2021] HKCA 733

Hon Lam VP, Yuen JA and B Chu J

Date of Hearing: 18 May 2021 Date of Judgment: 24 May 2021

Background

The Petitioner Father appealed against a judgment handed down on 10 November 2020 granting leave to the Respondent Mother to relocate with their 5-year-old daughter (A) to Singapore with effect from the uplifting of the travel ban between Hong Kong and Singapore ("the Relocation Order").

The Relocation Order was stayed pending the appeal. Furthermore, the "travel bubble" between Hong Kong and Singapore which was scheduled to begin on 26 May 2021 was suspended again on 17 May 2021, the day before the appeal. Therefore, the terms provided in the Relocation Order, such as the generous staying access to the Father, which was predicated upon frequent travel between Singapore and Hong Kong would not be possible.

The Relocation Trial

The Mother first informed the Father of her intention to move to Singapore with A in January 2020. No agreement was reached and the Mother issued her Relocation Summons. In the Mother's supporting affirmation, she explained that she had previously worked in the Hong Kong office of a Singapore recruitment company owned by a Mr. N. The Hong Kong office was later closed, and Mr. N continued to run the company in Singapore. The Mother's evidence was that:

1. She and Mr. N were very good friends and began a romantic relationship in 2019.
2. Mr. N offered her a post in his company in Singapore and the post would offer flexibility for her to care for A.
3. It was agreed by Mr. N that the Mother would become a shareholder in his business and that as a co-owner, she would have better job security.

It was later revealed that the Mother had a former relationship with Mr. N which lasted for around 3 years from around 2008. A had never met Mr. N in person and had only connected on WhatsApp in March 2020.

The social investigation report (SIR) recommended care and control be granted to the Mother with defined access to the Father. Importantly, the Mother's relocation with A to Singapore was not recommended.

A single joint expert (SJE) was also appointed in the proceedings. The SJE's opinion was that the priority should be for the Mother and Mr. N to focus on their relationship and the Mother re-establishing her career, before removing A from Hong Kong for this reason. Two options were suggested by the SJE: (1) the Father also relocate to Singapore or (2) Mr. N to come to Hong Kong one week per month, the Mother to work and stay with Mr. N...