You may have properly commenced and engaged in proceedings in Hong Kong where at the start, both Parties were living and working in Hong Kong, and the children were also studying in school here. However, Hong Kong can be a transient place; things change, especially upon the breakdown of a marriage/relationship. One Party may decide to relocate, sometimes followed by the other Party, with their children in tow.
Read MoreAs a Party to your own Hong Kong Family Law proceedings, you should be aware that that the Court has inherent powers to control access to documents in its custody in relation to any Family Law proceedings, unless the matter is open to the public. As a result, you are not able to freely use, copy and/or share any documents filed or lodged with the Court Registry. This is because you are bound by an implied undertaking that you will not do so, and this is further reflected in our legislation under the Matrimonial Causes Rules.
Read MoreThe Human Reproductive Technology Ordinance (“HRTO”) was drafted in the late 1980s, when the median age of first marriages in Hong Kong was 28.3 for men and 25.6 for women. This median age has now increased to 32.2 years for men and 30.7 years for women. The overall median childbearing age of women rose from 29.6 in 1991 to 33.6 in 2021; The fertility rate among women aged 20 to 24 has decreased by 77% in the past 30 years, while that of women aged 40 to 44 has increased by 91%. These statistics shows the significant changes in the societal norms in Hong Kong over the last few decades. They reflect the reality that many women now receive higher levels of education and there is high participation of women in the labour force. This in turn may deter, if not delay, marriages and childbirth. Hong Kong now has one of the lowest birth rates in the world, with an average of 0.8 child born per woman, below its neighbouring countries like Singapore, Japan and Taiwan.
Read MoreThe Oxford English dictionary defines a parent as “a person who is one of the progenitors of a child: a father or mother. Also, in extended use: a woman or man who takes on parental responsibilities”. This covers both biological and legal connections between a parent and a child.
In Hong Kong, the concept of a traditional family has changed dramatically over the time. Just a little over 50 years ago, it was not uncommon for a nuclear family in Hong Kong to have more than two parents. That was a time when second wives, concubines and t’sips were well accepted and a common part of life in Hong Kong, so often a parent may have more than one spouse/partner. Children who grew up in those family settings are used to having more than two parental figures.
Read MoreWhen you hear “domestic abuse” what springs to your mind? You are not alone if you instantly envision bruises, wounds, and attempts to cover them up with clothing and makeup to hide them from the world. But there are other forms of domestic abuse which do not leave behind any physical mark, yet are equally, if not more, damaging. They may be in the form of psychological, emotional, or financial abuse, which can be much harder to identify, let alone prove.
Read MoreLong gone is the expectation that “a child should be seen and not heard” and rightly so! Whilst there is an increase in the recognition of a child’s rights, are we doing enough?
Children are one of the main stakeholders in a family dispute, and the most vulnerable; thus, they are usually impacted the most. Despite so, their ability to participate in the resolution process is quite limited in Hong Kong.
Read MoreThe champagne has popped! One was on a bended knee and the other one has said yes.
Read MoreDivorce proceedings are tough for parents, and often worse for and children invovled. It is incumbent on the parents to do their very best to shield their children from conflict and to seek an amicable resolution that best suits the children.
Read MoreThere has been a recent increase in discussions over potential use of Artificial Intelligence (AI) in the family law arena. Although AI may have its benefits, especially in speed and depth of data processing, one cannot blindly accept its analysis. Many would have heard of the unfortunate case in the US where a New York lawyer had relied on an AI programme to prepare his court filing, only to find that the case citations and judicial opinions cited were fabricated by the programme. AI also has many drawbacks, such as inability to recognize social or emotional cues, be creative or inventive, all of which are quite important to the human and sensitive nature of family law.
Read MoreCongratulations on your new baby! Now that you have handed out the cigars and mastered the swaddle, what to do next?
Read MoreThe world is still widely divided when it comes to same-sex couples and same-sex marriages. Although many countries have accepted, if not embraced, such relationships, it remains one of the most controversial and hotly debated topics in many others, where countless cases were brought to the Courts for determination. Hong Kong is one of them.
Read MoreOur name is the most important thing that is bestowed upon us from the moment we are born. It is a fundamental part of our identity. It defines us as a person, with our family, friends and society. Yet, as with many things in life, things change. That can include our name.
Read MoreOn 15 February 2022, the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639) and its corresponding Rules (Cap. 639A) (“the Ordinance”) came into effect. The Ordinance aims to put an end to the long-standing difficulties faced when enforcing Mainland matrimonial or family judgments in Hong Kong, and vice versa.
Read MoreAll commercial surrogacy are prohibited in Hong Kong, regardless of whether they are undertaken in Hong Kong or anywhere in the world. This is also regardless of whether it is legal in the jurisdiction where the surrogacy took place.
Read MoreVirtual assets are a hot topic in today’s financial circles, with many people attempting to evaluate their use in modern society. However, many people are unaware as to how virtual assets work, and particularly, how they can be evaluated and divided in marital disputes.
Read MoreWith travel restrictions easing and the world opening up again, opportunities may arise when parents need to travel without their children, or are otherwise temporarily unable to care for them. In those situations, the children are often left in the care of a family member, trusted friend, neighbour, or helper.
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