Children's Visitation Rights
Do parents have the right to visit their children after divorce in Hong Kong?
Child custody (or custody) is the power granted by a court order to care for and supervise children. Normally, the party who does not receive care and control rights will receive visitation rights if his mental state is normal and he does not have violent tendencies, drug abuse or other extreme behaviors. In some extreme cases, children may be visited at a location arranged by social workers. In order to allow the children to have a stable life as much as possible, the general practice is to allow the children to live in one parent’s home and visit the other parent regularly (that is, the other parent has the right to visit the children), and the visit arrangement can be extended to several days or even during school holidays. weeks. (But you need to report to each other when traveling abroad.) Where feasible, the children can also divide their time equally between their parents and live in different residences. However, the parents should try to reach an agreement on the relevant arrangements to avoid spending more money on court proceedings. If the parents wish to have joint custody and both parties jointly decide on all important matters of raising their children, the court may make this decision after determining that the relevant arrangement is feasible. Co-parenting is generally encouraged today because it helps both parents take responsibility for their children and does not end their responsibilities due to the breakdown of the marriage. But the main premise is that no matter which party the custody rights are awarded to, both parties need to have full agreement and cooperation.
My spouse is filing for divorce and plans to leave Hong Kong with our only child during the scheduled trial. Can I stop this?
In this case, you may consider taking custody of your child to the High Court. Whenever the personal interests of the children concerned are involved, such as when it is suspected that they will be or have been taken away from Hong Kong, proceedings for the custody of the children can be brought.
When custody proceedings are initiated, the court has broad powers to make orders to protect the interests of the children concerned (such as financial support matters). If the child concerned has been taken away from Hong Kong, the court may issue an order to trace the whereabouts of the child and request assistance from relevant government departments (such as the Immigration Department).
If the child concerned has become a “ward of court”, he/she will be prohibited from leaving Hong Kong without the consent of the court.
Child custody issues may also be litigated regardless of whether any divorce or separation proceedings have been initiated. Guardianship proceedings may be brought by any interested party (not necessarily one of the parents) and, if necessary, through the Director of Social Welfare.
After the relevant proceedings are filed, the child immediately becomes a ward of the court, which means that the child is under the custody of the court. If major decisions are to be made in the interests of the child, the person concerned will have to take the issue to court, which may involve more cost and time.
While the child is still a minor or the court has not issued an order terminating custody proceedings, the child remains a ward of the court.
Custody proceedings should not be brought lightly and of course only if there are good grounds for doing so.
My spouse refuses to see me and won't let me know where my children are, what should I do?
How can I stop my spouse from taking away my children?
A. Custody Proceedings
If necessary, you may choose to apply for the child to become a ward of the court.
B. Require the relevant passports or travel documents to be deposited in the law firm, and the lawyer promises not to hand over the above documents without the consent of the court or both parties.
As mentioned earlier, custody proceedings can involve more expense and time, so they should not be filed lightly.
If you are worried that your children can use your own passport or your spouse’s passport to leave Hong Kong, you can request that the relevant passports or travel documents be deposited in the lawyer’s office, and the lawyer promises not to hand them over without your or the court’s consent. Documents. However, your spouse may still try to get a new passport for your child without your knowledge.
C. Restraining order
If it is impracticable or unsafe to seize travel documents, you may apply for an injunction in divorce or separation proceedings to prohibit anyone from taking the child (without your custody and control) out of Hong Kong.
Whether it involves guardianship proceedings or a restraining order, your lawyer should immediately serve the relevant order or guardianship proceedings information on the Immigration Department. After receiving the information, the Immigration Department will notify all ports and airports to prevent or prevent the children concerned from leaving Hong Kong.
D.Child Abduction and Custody Ordinance
In order to avoid harm caused by children being improperly removed or detained overseas, Hong Kong Laws Chapter 512 “Child Abduction and Custody Ordinance” also has provisions to protect the interests of relevant persons, and the Department of Justice will cooperate with certain parties related to Hong Kong’s “International Abduction and Custody” and the Convention on the Civil Aspects of Child Abduction to facilitate the return to Hong Kong of children who have been improperly removed or detained abroad. For more information, please visit the Department of Justice’s website.
Can the father or mother take the children concerned and leave Hong Kong after obtaining custody?
Disputes that may arise regarding child arrangements are that one spouse may worry that the former spouse has taken the children out of Hong Kong without prior notice (whether for immigration or vacation reasons), thereby depriving the other spouse of their children. Visitation rights.
Therefore, the court will append an order to the custody order stating that neither parent has the right to take the child out of Hong Kong unless one of the following conditions is met:
-Obtain court approval;
-or With the written consent of the party other than the party who took the children out of Hong Kong, the party responsible for taking the children out of Hong Kong must also undertake to the court that at the end of any agreed period or if he returns early at the request of the court, he will return to Hong Kong with the children as scheduled.
A. Vacation
Disputes may also arise over holiday arrangements regarding children’s visitation rights. If both parties cannot reach an agreement on the relevant arrangements, expensive litigation costs will result.
To save costs, when a custody order with the above two restrictions is issued, one of the parties may make a written undertaking to the court to bring the child who is currently abroad to Hong Kong after any leave. In other words, whenever you plan to take your children out of Hong Kong, you only need to obtain the written consent of your ex-spouse.
You will only need to apply to court if the other party unreasonably refuses to make a decision. If it is an ordinary vacation, the court will generally not reject your application.
If you believe that the other party may object to you taking your children out of Hong Kong for vacation, you should notify your lawyer well in advance of the vacation so that there is sufficient time to apply to the court and conduct a hearing as early as possible.
B. Leave Hong Kong permanently
If the parent who has obtained custody of his children intends to leave Hong Kong for certain reasons, he/she must apply to the court to obtain an order allowing him/her to take the children and leave Hong Kong permanently.
If the other parent objects to the application, the judge will weigh the fact that the child will no longer be able to see the parent who objected to the application on a regular basis and the applicant (i.e. the parent receiving custody) will lose the freedom to choose where to live. If the decision of the parent who has been granted custody to leave Hong Kong is reasonable, the court will usually not interfere with his/her choice, but ultimately the interests of the children concerned will still be the primary consideration.