How Does Hong Kong Courts Deal With Custody Issues?
In Hong Kong, children issues are broken down into three areas: (1) custody (2) care and control and (3) access.
Custody: In Hong Kong, you will either be granted “sole” custody over the children or share “joint” custody with the other parent. Generally speaking however, whether you receive sole or joint custody makes little difference because each parent will always have a right to be consulted over major issues with respect to the children such as education, religion and health. Even if you are granted “sole” custody, the other parent can veto your decision by bringing this to the Family Court.
Care and Control: This refers to the parent who will be responsible for the day-to-day decisions related to the children and whom the children will be living with on a day-to-day basis.
Access: In cases where one parent has care and control, there will be an order for reasonable access.
When making orders relating to the children, the Family Court in Hong Kong will look to the best interests of the children. The Family Court in Hong Kong will determine the children’s best interests by weighing the following factors: