Paper No.

CRF 1/2016

The Proposed Legislation

to Implement the Recommendations of
the Law Reform Commission Report on
Child Custody and Access

Public Consultation

Labour and Welfare Bureau

January 2016

Report on Child Custody and Access

LRC makes reference to the latest developments in

family law in overseas jurisdictions (England,
Scotland, Australia and New Zealand)

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 Report on Child Custody and Access

LRC made recommendations on child custody and

access

Parental Responsibility Model

The childs best interests principle

Consolidation of relevant existing provisions into

one consolidated Ordinance

Consulted Childrens Rights Forum in April 2012

Views of Childrens Rights Forum
Parental Responsibility Model received in principle support,
but there were concerns about inadequate complementary
services (such as avenues for children to express their wishes)
Government should discuss with relevant sectors, e.g. social
welfare sector, on how to strengthen complementary services

The Governments follow-up work

Set up a mechanism of listening to childs views in legal
proceedings
Initiate support measures for implementing the Parental
Responsibility Model
Arrange consultative sessions for exchanging views
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 Public Consultation
(25 Nov 2015 to 25 Mar 2016)

Actual legal provisions

the draft Children Proceedings (Parental
Responsibility) Bill

Support measures
new/ongoing measures implemented with or
without legislative changes

The Draft Children Proceedings

(Parental Responsibility) Bill

()

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 Salient Provisions

Preliminary

Introductory part of the draft

Children Proceedings (Parental
Responsibility) Bill

Define a child as a person

below the age of 18 years

Salient Provisions

General Principles

Childs best interests to be the Courts paramount

consideration in children proceedings

A statutory list of factors to assist the court in

determining what is in the best interests of the child

Checklist
1

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 Salient Provisions

General Principles

Replace guardianship under existing

law with parental responsibility

Define parental responsibilities and

rights for the child

Salient Provisions
General Principles

Day-to-day decisions
a person having parental responsibility acts alone in
the best interests of the child

Major decisions
has to seek consent of or notify the other parent
before making major decisions in relation to the child

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 Salient Provisions

General Principles

Checklist of acts requiring express consent of both

parents
Checklist
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change of the childs surname
removal of the child out of Hong Kong
for more than one month
permanent removal of the child out of Hong Kong

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Salient Provisions
General Principles
Checklist of major decisions (decisions of long term
consequence for the childs health, development and general
welfare) requiring notification to the other parent, e.g.
a major operation or long term medical or dental treatment
for the child Checklist
a major change in the childs schooling 3
religion
childs marriage
a change in the childs place of residence
removing child from jurisdiction for less than one month
a change in the childs domicile or nationality
any other major decisions on the child
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 Salient Provisions

Orders with respect to Children in Children Proceedings

Child Arrangements Order

Replace custody order and access order

Determine the person with whom the child is to live and who
would have responsibility for the childs day-to-day care

Both parents have parental responsibilities to participate in

major decisions about the well-being and future of their child

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Salient Provisions

Orders with respect to Children in Children

Proceedings

Right of third parties to apply for court orders

Grandparents or third parties now may

not apply to court for orders related to
the child

Proposed that third parties can apply for child

arrangements order if the child has lived with the
applicant for one year out of the previous three years

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 Salient Provisions

Orders with respect to Children in Children

Proceedings

Resolving disagreements between parents

Specific Issues Order

determine a specific question

Prohibited Steps Order

an injunction to prevent the taking
of particular steps

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Salient Provisions

Views of Child and Separate Representation for Child

Views of the Child

Set up a mechanism of listening to the childs

views in legal proceedings

But a child should not be required to express

his or her views as to do so would place the child under
pressure

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 Salient Provisions

Views of Child and Separate Representation for Child

separate legal representation for a child in

dispute relating to parental responsibility
on the child

legal cost to be born by parents, or

apply for legal aid if in economic
needs

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Support Measures for implementing the

Parental Responsibility Model
 Support Measures for promoting the
Parental Responsibility Model

Services provided by Integrated Family Service

Centres and Integrated Services Centres

65 Integrated Family Service Centres and 2 Integrated

Services Centres operated by the SWD and NGOs
provide services to separated/divorced couples and
their children

Co-parenting skills, counselling, emotional

management, education programmes and referrals for
support services
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Support Measures for promoting the

Parental Responsibility Model

Public Education and publicity to promote

parental responsibility

Publicity campaign entitled Marriage may end but

parenthood goes on ()
Teaching kit and co-parenting handbooks
Dedicated website
Television and radio APIs as well as a
poster
Psycho-educational programme

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 Support Measures for promoting the
Parental Responsibility Model
Pilot project on children contact service

To facilitate the arrangement of children contact

with separated/divorced parents and to strengthen
support for separated/divorced families

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Support Measures
Particular to Legislation

Dedicated help service

hotline service after the implementation

of the proposed legislation

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 Your Views
Send us your views
on or before 25 March 2016

Post : Team 1, Labour and Welfare Bureau, 11/F,

West Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong
Fax : 2524 7635
Email : parentalresponsibility_consult@lwb.gov.hk
Website: www.lwb.gov.hk/parentalresponsibility_consult/

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Discussion Questions

What are your views on the Parental Responsibility

Model?

Do you think the measures initiated by the Government

to promote the Parental Responsibility Model are
sufficient?

What are your views on setting up a mechanism of

listening to the childs views in legal proceedings as
specified in the Bill?

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