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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:

  • Preservation of status quo
  • Age, sex and background of the parents and children
  • Personality, capability and character of the parents
  • Financial resources of the parents
  • Physical and mental health of the parents and the children
  • Accommodation for the children
  • The children’s wishes/views
  • Benefit of keeping the siblings together with one parent
  • The religion and culture of the family
  • Professional reports
  • Suffering/risk of suffering of the children including any history of family violence
  • Any other fact or circumstances that the Family Court thinks are relevant
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