Divorce and separation can often mean the start of a long and bitter dispute over assets, liabilities and parental rights. The good news is that in most cases, parties can avoid an acrimonious legal battle through relationship agreements which set out the allocation of assets, entitlements and responsibilities in advance.
Gall has collaborated with FliP on a podcast discussing the factors that you need to take into account when deciding whether to start your divorce in Hong Kong or in England. FLiP Associate Solicitor Rebecca Alexander leads the discussion with Gall Associate Catherine Tso. Click here to listen to the podcast: https://www.flip.co.uk/podcasts/should-i-divorce-in-hong-kong-or-england/
Described as having “long-term experience in family law”, Caroline McNally has been recognised as one of Hong Kong’s top family & divorce lawyers by Little Steps.
With many working parents in Hong Kong, children are often cared for by grandparents. What rights, in respect of children, do grandparents have if parents are undergoing divorce proceedings? In this article, Loretta Ho summaries CLP v CSN [2016] 6 HKC 234 and explores the law in Hong Kong which limits the rights of third parties to make applications to the Court for orders in relation to children. Many countries such as UK, Scotland, Australia and New Zealand have undergone law reform and introduced the concept of Parental Responsibility. Hong Kong has a draft Children Proceedings (Parental Responsibility) Bill wherein one of the provisions removes the limit for 3rd parties to apply for orders in relation to children, on the condition that the minor has lived with the said 3rd party for at least 1 year within the span of 3 years. The public consultation for the bill completed on 25 March 2016. The Bill has not passed yet.
The Covid-19 pandemic has caused a surge in families wishing to permanently relocate overseas. Where families mutually agree to relocate, the process is simple. However, a common problem faced by separated or divorced parents is that one parent wants to leave with the child whereas the other parent wants the child to remain in Hong Kong. This article by Chantelle Woo deals with some of the commonly asked questions faced by parents in such situations.
The pandemic has caused a surge in families wishing to relocate overseas. Caroline McNally and Kajal Aswani explore what happens when a separated or divorced parent wants to leave with the child, while the other parent wants to stay in Hong Kong, and wants the child to stay here with them.
Caroline McNally has written a Case Summary on a recent international relocation case H v W [2021] HKCA 733 for Hong Kong Lawyer magazine. In relocation cases, the paramount consideration is whether the relocation is in the best interests of the child. When considering whether to agree to relocation, parents should be mindful that it is no longer possible to easily shuttle between countries as was the case in pre-pandemic times and there is a real possibility they may be separated from their children for prolonged periods of time.
What is International Child Abduction?
According to the Report on International Parental Child Abduction published by the Law Reform Commission of Hong Kong in April 2002, international child abduction is when a child has been wrongly removed or retained across an international border. It usually occurs when there is a relationship breakdown between the parents.
At present, same-sex marriages and civil partnerships are not recognised under the laws of Hong Kong. This means that same-sex couples do not currently enjoy the same parental rights as opposite-sex couples in Hong Kong. Consequently, same-sex parents are not attributed equal parental rights.
Executive Partner Caroline McNally and Associate Loretta Ho have written an article for Hong Kong Lawyer’s e-newsletter exploring parental disputes surrounding the Covid-19 vaccine. They explain how the question of whether a child can be vaccinated is a custodial issue and share two recent UK decisions which they conclude are likely to be followed in Hong Kong if parental disagreements over Covid-19 vaccinations arise in similar situations.
