Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Kowloon, Hong Kong, child visitation, also known as access, is regarded as a child's right and not the parent's. The courts in Kowloon make all decisions concerning child visitation with the child's welfare and best interests in mind. The parent who doesn't live permanently with the child after divorce or separation usually applies for a visitation order. The core concept of Hong Kong family law is that the parent-child relationship's continuity must not be discontinued due to the parent's separation or divorce.
The field of child visitation law can be intricate and challenging to navigate without professional assistance, especially in contentious cases. Some common situations where it may be beneficial to hire a lawyer include: disagreements over visitation schedules, any concerns about the child's safety, issues of domestic violence or substance abuse, and when the other parent is preventing visits or attempting to move the child away. A lawyer can provide advice, prepare court filings, represent you in court, and work towards the best possible outcome for your child and your parental rights.
According to the Hong Kong Law, both parents continue to have an equal say in the important aspects of the child's upbringing, such as education and health, even if they are no longer together. Under the Guardianship of Minors Ordinance, the child has the right to maintain personal relations and direct contact with both parents on a regular basis. Furthermore, there's normally no age limit for a child’s right to contact with the non-residential parent, but in general, the court considers the child’s opinion if they are aged 11 or above.
Various factors like the child's age, the relationship of the child with each parent, the child's wishes, provided they are of an appropriate age and maturity, and any history of child abuse or domestic violence are taken into consideration.
In such a case, you may need to return to court to enforce the visitation order. Note that denying the other parent access to the child can potentially have serious legal consequences.
Yes, visitation orders can be modified if the change is in the best interest of the child. Significant changes in circumstances, such as relocation or a change in work schedule, may warrant a modification of the visitation order.
Usually, the rights to apply for the custody or visitation of a minor are confined to the parents. Grandparents may apply for access to the grandchildren, but they must first obtain the court’s leave to do so.
If there's a substantial risk that a parent might take a child out of Hong Kong and not return, a Prohibited Steps Order can be obtained from the court to prevent this from happening.
You may find it helpful to refer to the official Hong Kong e-Legislation website for detailed information about family laws. Family and Child Protective Services Units (FCPSUs) in Hong Kong also provide social work services to families facing disruption due to marital disputes. Furthermore, The Hong Kong Judiciary website provides a list of legal practitioners and organizations that can provide free or low-cost legal counseling.
If you find yourself needing legal assistance in Child Visitation, reach out to a family lawyer who specializes in child custody and visitation issues. Compile any records relate to your case such as existing visitation orders, email exchanges, texts, or other forms of evidence. Keep the best interest of your child as the main focus of your discussion and decisions.
