Family Law

In PD v KWW [2010] 4 HKLRD 191 Hartmann JA in the Court of Appeal said: “A parent having sole custody had the authority to make the final decision on such matters as the child’s education, religious...
July 2013
The Courts have been the primary forum for resolving disputes between divorcing couples. Whilst mediation and collaborative practice are useful supplementary methods for helping parties achieve...
July 2013
The Law Reform Commission of Hong Kong (“LRC”) published in March 2005 its Report on Child Custody and Access (“Report”). After a period of nearly seven years, the Labour and Welfare Bureau (...
July 2013
Divorce cases in Hong Kong are set to be influenced by a landmark ruling delivered last month in the UK Supreme Court (“UKSC”) on whether the “corporate veil” can be pierced, and a transfer of...
June 2013
Divorce — ancillary relief — approach to financial assistance provided by third parties in assessment of parties’ financial resources — term “judicious encouragement” should no longer be used In...
June 2013
Divorce — jurisdiction — discretion to stay proceedings for forum non conveniens In 2002, a husband (“H”) and wife (“W”), both mainland Chinese nationals, married in Hong Kong. From 1992, H had...
June 2013
Entitlement to grant of administration — dispute between two applicants with equal entitlement to grant The deceased (“X”) died intestate leaving seven children - including a son (“C”) and a...
June 2013
Family inheritance —whether applicant “in immediate need of financial assistance” The plaintiff (“P”) sought interim maintenance from the substantial estate of her late grandfather (“X”) under the...
June 2013
The Panel invited the Law Society to prepare submissions on the subject for its meeting on 28 May 2013. Council noted the Law Society has issued 3 Press Releases on this since October 2012 and...
June 2013
Ms W, a post-operative male-to-female transsexual, sought judicial review to quash the refusal of the Registrar of Marriages to allow her to marry her male partner. W’s appeal proceeded on the basis...
May 2013
Divorce — ancillary relief — periodical payments —payee’s reasonable requirements not limiting factor where payor had ability to pay more than payee’s financial needs A couple divorced in 1991. In...
May 2013
Civil procedure — costs — vacated hearing — matrimonial proceedings — taxation —liability for fee A wife (“W”) issued a judgment summons to commit her husband (“H”) for contempt for non-compliance...
March 2013
Policy with regard to allocating public rental housing units between divorced couples — discriminatory between husband and wife - Hong Kong Bill of Rights Ordinance (Cap.383) s8 art22 — Basic Law...
February 2013
Divorce - ancillary relief - division of matrimonial assets - whether circumstances warranted departure from ‘equal division’ principle Z v X [2012] HKEC 1551 (C – Intervening Party)...
February 2013
Adoption — freeing infant for adoption under s.5A — natural mother persistent drug abuser and failed to put life in order — order granted dispensing mother’s requirement for consent — Adoption...
December 2012
❝We worry about what a child will become tomorrow, yet we forget that he is someone today❞ The establishment of a Children’s Commission is back on the political agenda in Hong Kong. The Chief...
December 2012
Hong Kong continues with its advancement in family law and particularly on issues concerning children with new Practice Direction 15.13 (the “Practice Direction”), published on 3 October 2012, which...
November 2012
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