John Boiling v Ann Elizabeth Boiling And Another

CourtFamily Court (Hong Kong)
Judgment Date06 August 1975
Subject MatterMatrimonial Causes
Judgement NumberFCMC174/1974





ACTION NO. 174 OF 1974


BETWEEN John Boiling Petitioner
Ann Elizabeth Boiling Respondent
Alaistair McNutt Co-Respondent


Coram: Judge Jones, D.J. in Chambers.

Date of Judgment: 6 August 1975

Mr. Rose of (Reasons) for petitioner.

Mr. Cotlerill of (GHDW) for Respondent.




1. This is an application for custody of the child of the marriage Mark Lewis who was born on the 30th June 1968. The Petitioner was granted a decree nisi of divorce on the 17th August 1974 based upon the fact of the respondent's adultery with the Co-Respondent.

2. The respondent left the matrimonial home at Plunketts Road, The Peak in September 1973 without the child, and shortly afterwards went to live with the Co-Respondent in the Peak area. The respondent lived with the Co-Respondent in the Peak area until January 1975 when as a result of the Co-Respondent's work they moved to the New Territories. The Petitioner has continued to live at the former matrimonial home until the present time where he has de facto custody and control of the child. No appreciable difficulties arose between the parties with regard to custody and access to the child until the respondent moved to the New Territories.

3. From September 1973 until January 1975 the child lived during various periods with the Petitioner, and at other times with the respondent and Co-Respondent. The most regular arrangement has been for the child to live with the Petitioner during week days, for he attends The Peak School which is just across the road from his home and with the respondent at week ends. For some continuous periods from September 1973 to December 1974 the child has lived with the Petitioner whilst from 16th April 1974 to 5th September 1974 the child was with the respondent in England. Since January 1975 the child has continued to live with the Petitioner during the week and with the respondent and Co-Respondent at week ends.

4. On the 22nd July 1975 the Petitioner obtained an order in the Supreme Court with the consent of the respondent to take the child with him on leave out of the jurisdiction from 9th August 1975 to 17th November 1975.

5. In September 1977 it has been agreed between the parties that the child will attend Berkhamstead School in England as a boarder.

6. For the period from November 1975 when the Petitioner and the child are due to return from leave until September 1977 whilst the child continues to live in Hong Kong both parties decide to have his custody during the week, and are prepared to afford access to the other party at week ends. The most important change that would be effected if the...

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