The Hong Kong court may issue an order if it considers it appropriate for a minor or family to be with a child under 18. The first and most important consideration in such decisions is the best interests of the child.
The term "子女撫養權" is interpreted by the court as including the right to make important decisions concerning the child, either temporarily or permanently, such as decisions on education or religion. 子女撫養權 generally applies to a child under 18 years of age who is cared for by a parent or family member. The mother has custody of the children or children if they are children of unmarried parents. A father can only obtain such rights and duties by court order.
The parent who receives custody after a divorce should be able to make routine everyday decisions about the child's welfare, such as education, religion, health care and visitation. In order to give the children maximum stability, it is in the children's interest to live in one parent's house and visit the other parent regularly. However, such visits may be extended to visits to other parents and other family members, friends or relatives.
There are many parents from different countries who live in Hong Kong for professional reasons, start families or raise their children outside the family on which they depend and raise them in Hong Kong. If one parent separates from the other and can leave Hongkong permanently with the children, these parents do not have to deal with custody issues. Parents seeking to return their children to Hong Kong should act in the best interests of their children's well-being, even if their habitual residence has changed. On the other hand, a parent who wants his child back to the US or another foreign country should not act out of fear of changing the status quo regarding custody of children in his or her home country.
In England and Wales, the Children's Act 1989 seeks to underline the continuing parental responsibility of both parents by providing that the child may live with only one parent, but little has been done to ensure that this ensures continued active parental involvement in the care of their child. The Commission on the Rights of the Child in Hong Kong and the International Covenant on Civil and Political Rights recommended changes in line with the 1989 Children's Act. Unfortunately, at least so far, there does not seem to be any legislative form for the Commission's recommendations.
In Hong Kong, joint custody orders are exceptional, as are custody orders for children under 18 under the Children's Act 1989 and the Child Protection Act.
The Law Society's response to Sharon Melloy's child custody order case can be found here: Law Society's Response. For more information on the legal status of child custody orders in Hong Kong, see Sharon's Mellon's Child Custody Order. The newspaper is delivered to you daily on the first Tuesday of each month at 10 am (HK time).
The Law Reform Commission of Hong Kong has published a report on access to the 子女撫養權 of children, which has been under discussion since March 2005. While most other customary law states introduced such reforms long ago, In Hong Kong, such reform remains subject to approval by the Legislative Council and the Court of Appeal of the Supreme Court.
The primary focus of the report's 72 recommendations is to stress the importance of child custody as a responsibility that continues after divorce.
The Justice Department would also work with those who have a conventional relationship with Hong Kong and help the parties involved in the return of children to Hong Kong. This is evident in the courts in Hong Kong, which now lay down the same rules to which divorce couples in California are already accustomed. In a recent episode of "Backchat" called "RTHK radio," I discussed why this matters to families in Hong Kong, as well as the importance of child custody.
Can a parent bring a child to Hong Kong without a custody order? It is not uncommon for divorcing couples to fear that the former spouse will take the child from Hong Kong, thereby depriving them of the opportunity to visit and have children.
In the event of divorce, custody of children under 18 is determined by the courts. However, if a dispute arises between the parents and the child over custody after the divorce, the court issues a custody order.
子女撫養權 in Hong Kong can be held by either one parent or only one parent, and both parents can hold it. For detailed information on family law, you can contact a law firm in Hong Kong. All our lawyers in Hong Kong are experienced in family law and handle each case with discretion and responsibility.
