Children Custody

What is the meaning of the “custody” of a child/children ?

Custody consists of a bundle of rights of the parents over their child/children. This includes the right to care and control and the right to make all important decisions affecting the child/children e.g. education, medical treatment or religion.

What are the factors that will be considered by the Court in deciding which parent or whether both parents should be granted custody of the child/children?

In all matters relating to child/children in family proceedings, the interests and welfare of the child/ children is the first and paramount consideration for the Court. (Section 3 of the Guardianship of Minors Ordinance (Cap. 13).

While each case will depend on its own facts, the Court would usually take into consideration of the following factors and balance them against each other in making a custody order :

1. the preservation of the status quo;
2. the ages of the parents and child/ children;
3. the personality, capability and character of the parents;
4. parents' financial resources;
5. the physical and mental health of the parents and child/ children;
6. the accommodation available to the child/ children;
7. the child's / children’s own wishes and views, if any;
8. the benefit of keeping the siblings together with one parent;
9. the religion and culture of the family;
10. professional reports such as medical, school, or court welfare officer's reports (e.g. about the child's family relationship, living conditions, mental or health elements, etc.).

For legal services and advice on divorce, children custody and maintenance disputes, please contact our Solicitor & Notary Public Ms. Natalia Cheung [E-mail: cac@ccsn.hk / Tel: +852 2856 3078].

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