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In Happy Valley, Hong Kong, the utmost consideration of the court in child custody cases is the child's welfare. The best interest of the child is the guiding principle in determining with whom the child will live post-separation or divorce. Parents may be granted joint or sole custody. Visitation rights are also considered for the non-custodial parent. In recent years, there is a growing preference for joint custody arrangements to ensure the active participation of both parents in raising the child.
Child custody cases can be complex and emotionally draining. You may need a lawyer to represent your best interest and navigate you through the legal complexities. Another situation is when there is a disagreement between parents regarding custody arrangements. This usually leads to a court trial, and having a lawyer becomes vital. Additionally, a lawyer can also assist you in modifying the current custody order if it no longer serves the best interests of the child.
Under the Guardianship of Minors Ordinance (GMO) in Hong Kong, both parents are considered legal guardians of the child, regardless of their marital status. This means both parents have rights and responsibilities towards the child, even after divorce. However, decisions on the child's living arrangement, education, and daily care are often awarded to one parent. Being a guardian gives you the right to make important decisions, but it does not guarantee living with the child. That's where custody orders come in.
In determining child custody, the court generally favors the best interest of the child over any other consideration. Factors include the child's age, the existing bond with each parent, the parents’ health, the ability of each parent to provide for their child, and any history of violence or abuse.
Joint custody refers to an arrangement where both parents share significant decision-making responsibilities for the child. It does not necessarily mean that the child's time is split equally between the parents. However, both parents have an equal say on matters relating to the child.
Yes, child custody orders can be modified. It usually requires a significant change in circumstances and proof that the change is in the best interest of the child.
Factors that can influence the modification of a custody order include a change in the child's needs, relocation of one of the parents, violation of the current custody order, or changes in the child's or parent's health or financial circumstances.
In Hong Kong, child custody is generally applicable until the child reaches the age of 18. However, should there be advantageous circumstances for the child, it can extend up until the age of 21.
For additional assistance, you can reach out to The Family Welfare Society, which offers services related to child custody and matrimonial issues. Also, the Hong Kong Judiciary and the Legal Aid Department provide valuable information on child custody laws and proceedings.
If you are in need of legal assistance in a Child Custody case, it is recommended to consult a family law attorney who specializes in child custody matters. The lawyer will provide you with comprehensive information about your rights, explain the legal process, and represent your case in court if needed. Compose a list of your questions and concerns before the consultation to ensure all your doubts are addressed.
