Child Custody, Alimony for Divorced Children in Hong Kong

Table of Contents

We represent clients in divorce cases and deal with related parties’ legal issues such as child custody, maintenance (alimony), access rights, removal of children from Hong Kong and other related matters. The lawyers in our Matrimonial and Family Law team have extensive experience in this area.

Practice Areas: Custody and maintenance of minor children in Hong Kong

Custody of children of divorce in Hong Kong, daily life care and control, visitation rights
Alimony (maintenance) for children of divorce in Hong Kong
Court permission for Hong Kong divorced children to emigrate to a foreign country (overseas);
Custody rights, alimony, visitation rights of children born out of wedlock, etc.

Child Custody in Hong Kong Divorce: Frequently Asked Questions

What are the aspects of children involved in Hong Kong divorce proceedings?
what is custody of minor children?
what are daily care and control rights?
what are visiting rights?
what are joint custody rights? What is sole custody?
what are the ultimate considerations in the court’s decision on minor children?
how does the court decide whether to grant joint or sole custody?
what if the court grants joint custody but the parents cannot agree on major issues?
if the court grants sole custody to one parent, does the other parent lose the right to participate in important issues for the child?
On what principles does the court decide to grant a party the right to the day-to-day care and control of the children?
What are the visitation rights of a party who does not have day-to-day care and control of the children?
What is meant by ‘defined access’?

Removal of Minor Children from Hong Kong: Q&A

How can a party prevent the other party from taking the children out of Hong Kong and not returning to Hong Kong when there is no divorce?
Can a party take the children out of Hong Kong without the consent of the other party after the court has granted a divorce?
If the court orders that the children may not be taken out of Hong Kong, will the children be prevented from leaving Hong Kong at the departure gate?
After divorce, one of the parties wants to take the children out of Hong Kong permanently for settlement, how can this be done?
After divorce, one of the parties wants to take the children out of Hong Kong to study abroad.

Custody and maintenance of minor children born out of wedlock in Hong Kong: Q&A

How to add the name of the biological father of an illegitimate child whose father’s name is blank on the birth certificate?
How to determine the legal relationship between a child born out of wedlock and his/her father?
What are the rights and duties of the natural father of a child born out of wedlock in respect of the child?
does an illegitimate child have the right to inherit property left by his natural father?

Custody of minor children in Hong Kong, etc.: Legal Resources

– Matrimonial Proceedings and Property Ordinance (Chapter 192);

– Guardianship of Minors Ordinance (Chapter 13). The court has the power to make orders as to the custody of and access to children born out of wedlock (section 10); the welfare of a minor is a best interests consideration (section 13);

– PD v KWW [2010] 4 HKLRD 191: the principle that the welfare of a minor is a best interests consideration

– ML v YJ [2008] HKFCR 88: Joint custody, consideration to be given to whether parents can co-operate effectively in dealing with child’s affairs; in the case of sole custody, duty of the parent who has been granted custody to consult the other parent;

– ZJ v XWN [2018] HKCA 436: Checklist of factors for the welfare of minor children.