Family Law

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 the unauthorised removal or…
August 2021
Background The Petitioner Father appealed against a judgment handed down on 10 November 2020 granting leave to the Respondent Mother to relocate with their 5-year-old daughter (A) to Singapore with…
July 2021
“Bigamy is having one wife too many. Monogamy is the same.” —Oscar Wilde INTRODUCTION Agalmatophilia is a term that describes an individual who exhibits sexual attraction towards inanimate…
June 2021
Background This was the second application by the Petitioner Father to relocate with his two children, L (a boy aged 13.5) and B (a boy nearly 11), to Denmark. The Father was Danish and worked as a…
April 2021
Introduction On 9 January 2015, the Chief Justice signed the Practice Direction PDSL 9 (“PDSL 9”) for the commencement of a pilot scheme for resolution of financial disputes. This is another…
February 2021
I recently heard about “Space Nail” from my lawyer friend. This strange-sounding phrase is a kind of document as lis pendens registered at the Land Registry. It may grab the practitioners’ attention…
November 2020
1.   LCYP v JEK [2019] HKCFI 1588: Finally Clarifying the meaning of ‘Real Need’ in the Enforcement of Pre- and Postnuptial Agreements (PNAS)  Anthony Chan J in his groundbreaking judgment in LCYP v…
September 2020
What Does the Parenting Co-Ordinator do? “Parenting Co-Ordinators” perform various functions during the re-organisation of parenting arrangements and which parenting co-ordinator is used when…
August 2020
Family law — divorce — ancillary relief — litigation funding — appeal against order requiring payment of funding per month without temporal limit and backdating of monthly payments — evidential…
June 2020
Two recent HK High Court cases may have opened the door to relaxing HK’s legislative restrictions on surrogacy and possibly formal law review and reform. The issue of criminal liability under s. 17…
April 2020
2019 was a difficult year, particularly for people living and working in Hong Kong. The city faced many challenges with the political unrest culminating in great uncertainty economically, exacerbated…
March 2020
This article examines the Court’s view on the use of confidential documents and information obtained by ‘self-help’ means. During a relationship, it is common for couples to allow each other to…
February 2020
It’s always a mistake to be too greedy in life. If you get a Big Mac, and then eat it, don’t complain that it’s all gone. You can’t have it both ways. It’s well known that the population of Hong…
January 2020
It is a known fact that children can suffer irreparable psychological damage on the breakdown of their parents’ relationship in circumstances where there is conflict. This of course ranges widely…
January 2020
Family law — children — relocation — appeal against order relocating children out of jurisdiction — judge correct in adopting approach in Payne v Payne — drastic change of circumstances since…
December 2019
The parent of a child born out of wedlock may make a claim for child maintenance pursuant to s. 10 of the Guardianship of Minors Ordinance (Cap. 13) (“GMO”). There is no requirement in the GMO for…
December 2019
Introduction Last year, the highly publicised case of Owens v Owens [2018] AC 899 generated considerable attention on the legal framework for divorce in England and Wales. In brief, the case…
October 2019
The introduction of Preliminary Issues assists the court in identifying the size of the family pot for division of assets on divorce, but, this procedure should not become a mandatory process. Case…
November 2018
Civil procedure — stay — action for recovery of debt from spouse — wrong in principle to stay action pending determination of ancillary relief proceedings Family law — divorce — ancillary relief —…
May 2018
Why have the Hong Kong family courts effectively been cut out from the regulation of surrogacy cases – particularly in connection with the making of parental orders? Are Hong Kong surrogacy lawyers…
May 2018