The concept and rules of variation of custody and care & control order in Hong Kong are as follows:

 

1. Background: A custody and care & control order is a court decision that determines who has primary responsibility for the care and control of a child. However, circumstances may change over time, which may require a modification of this order.

 

2. Variation request: When a party wishes to request a variation of the custody and control order, they must file a request with the court. This request must be supported by valid grounds and appropriate evidence to support the need for change in the best interests of the child.

 

3. Best interests of the child: The fundamental criterion for any variation of custody and control order is the best interests of the child. The court will carefully consider whether the proposed modification will better serve the physical, emotional, and educational well-being of the child.

 

4. Change of circumstances: To justify a variation, there must be a significant change in circumstances since the last custody and control order. This may include factors such as home stability, parental availability, family relationships, developmental needs of the child, etc.

 

5. Mediation and mutual agreement: Before initiating variation proceedings in court, parties are encouraged to explore mediation options and attempt to reach a mutual agreement. Mediation can help parents resolve their differences amicably, taking into account the best interests of the child.

 

6. Court decision: If the parties cannot reach a mutual agreement or mediation fails, the court will make a decision based on the evidence and arguments presented. The court will carefully evaluate the interests of the child, taking into account various factors, such as the relationship with the parents, the stability of the home, parental abilities, etc.

 

7. Effects of variation: If the court grants the variation of the custody and care& control order, the child's custody and care & control arrangements will be modified in accordance with the new order. It is important to follow the terms and conditions set by the court.

 

It is essential to note that this information is general and it is important to consult the specific laws and regulations as well as seek professional legal advice for accurate and up-to-date details on the procedures for variation of the custody order and control in Hong Kong.

 

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