Regarding the temporary and permanent removal of a child from Hong Kong, the decision is made by the Hong Kong courts taking into account the best interests of the child. Here is an explanation of the main elements considered when evaluating the temporary and permanent removal of a child:

 

1. Best interests of the child: The crucial criterion in any decision regarding the removal of a child is their best interests. Hong Kong courts assess the potential consequences of temporary or permanent removal on the child's health, education, emotional well-being and overall development.

 

2. Legitimate reasons: For a temporary or permanent removal of a child from Hong Kong to be permitted, there must be justified grounds. The courts carefully examine the reasons given for the removal and assess whether these reasons are legitimate and in the best interests of the child. For example, reasons such as educational or professional opportunities for the child or protecting their safety may be considered legitimate reasons.

 

3. Consent of the parties concerned: In the case of permanent removal of a child, the consent of all parties with a legitimate interest in the custody of the child is generally required. This includes both parents, as well as any other person with legally recognised custody or visitation rights.

 

4. Assessment of the circumstances: Hong Kong courts carefully assess the specific circumstances surrounding the temporary or permanent removal of a child. They look at existing custody, care & control arrangements, family ties, the child's emotional stability, relationships with parents and other important people in their life, and other relevant factors.

 

It is important to note that each case of temporary and permanent removal of a child is unique, and court decisions are based on the specific facts and circumstances of each case. If you are faced with a child removal situation from Hong Kong, it is recommended that you consult a lawyer specialising in family law for legal advice tailored to your particular situation.

 

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