Sty v Lmsc

CourtFamily Court (Hong Kong)
Judgment Date12 Dec 2017
Judgement NumberFCMC5382/2015
SubjectMatrimonial Causes
FCMC5382/2015 STY v. LMSC

FCMC 5382/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 5382 OF 2015

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BETWEEN
STY Petitioner
and
LMSC Respondent

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Coram : Deputy District Judge J Chow in Chambers (Not Open to Public)
Date of Hearing : 17 October 2017
Date of Judgment : 12 December 2017

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J U D G M E N T
(Decision)

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Introduction

1. The petitioner mother (“the mother”) filed a summons on 18 October 2016, for variation of access and other directions against the respondent father (“the father”) of their children of the family who are now aged 8 and 6 respectively (“the children”).

2. I was given to understand the disputes have been boiled down to four issues, to name them, being (i) the Chinese New Year arrangement, (ii) the Easter arrangement, (iii) appointment of parental coordinator; and (iv) the respondent’s attendance of the children’s extra-curricular activities.

3. At the hearing, the parties agreed both the arrangement of the father’s attendance of the children’s extra-curricular activities and the appointment of a parental coordinator. The issues that I have to decide are only the Chinese New Year arrangement and the Easter arrangement.

Background

4. The mother filed a divorce petition on 5 May 2015, with decree absolute pronounced on 24 September 2015. The parties reached comprehensive settlement on children arrangement and was so ordered in the order dated 10 September 2015, inter alia, both the mother and the father were granted joint custody, care and control and shared care and supervision of the two children (“the Children’s Order”).

5. It was expressly agreed, the 1st half and 2nd half of the Chinese New Year holidays are to be shared on an alternating basis. Without regard who has the staying access of that particular year, in every year, the mother shall have the children until 7 pm on Chinese New Year eve and the children shall be with the father from 7 pm until after lunch on the 2nd day of the Chinese New Year, the children can then be with the mother thereafter.

6. The Easter holidays were to be shared equally. The mother shall have the 1st half of the Easter holidays whereas the father will have the 2nd half of it in one year and then the mother shall have the 2nd half of it and the father shall have the 1st half of it in another year. It is also agreed the children shall attend Easter mass if they were within the jurisdiction.

The mother’s application

7. Apparently, the mother was not contended with the existing arrangement. She filed another summons on 16 August 2017 to vary the Children’s Order to one of sole custody, care and...

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