The rules and principles of custody, care & control, and access of children in Hong Kong are governed by applicable law and policies. Here is a more detailed overview of these rules and principles:

 

1. Best interests of the child: The fundamental principle is to make decisions that serve the best interests of the child. This involves considering the child's physical, emotional and educational well-being as a priority. Hong Kong courts attach great importance to this aspect when making decisions regarding the custody and control of children.

 

2. Residence of the child: When parents separate or divorce, the decision regarding the child's residence is made taking into account various factors. Courts seek to establish stability and continuity in the child's life, taking into consideration elements such as proximity to school, family ties and existing custody arrangements.

 

3. Joint Custody: Joint custody is encouraged in Hong Kong unless it is deemed contrary to the best interests of the child. It allows both parents to actively participate in the education and decision-making concerning the child. However, if cooperation between the parents is difficult or if joint custody is not in the best interests of the child, the court may make other arrangements.

 

4. Visits and access rights: If one parent does not have primary custody of the child, they generally have the right to visit the child at agreed times. The terms of visitation rights are often determined by the court or by mutual agreement between the parents. The goal is to maintain meaningful relationships between the child and the noncustodial parent.

 

5. Mediation and conflict resolution: When there are disagreements between parents regarding child custody, mediation can be used to find amicable solutions. Mediation encourages parents to work together to reach mutually acceptable agreements, best preserving family relationships and minimizing conflict.

 

6. Financial Obligations: Parents have a legal obligation to provide for the financial needs of their child. This may include contributing to education, health care, food and other expenses necessary for the child's well-being. Courts can set child support orders to ensure that the child's financial needs are met.

 

7. Protection from Abuse and Neglect: Hong Kong law places great emphasis on protecting children from abuse and neglect. Cases of abuse or serious neglect are handled rigorously and appropriate measures are taken to protect the children involved. Social services and child welfare agencies play a crucial role in preventing, detecting, and responding to cases of abuse and neglect.

 

It should be noted that this information is general and it is important to consult specific laws and regulations as well as seek professional legal advice for accurate and up-to-date details on custody, care and control issues in relation to children in Hong Kong.

 

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.