| Q1: |
How would I know whether the Convention applies as between Hong Kong and the
State or territory that I am dealing with? |
| A1: |
Check whether the State
or territory in question is listed in the Schedule
to the Child
Abduction and Custody (Parties to Convention) Order (Cap. 512 sub. leg.) and
the relevant date of coming into force. If it is not listed, you can also contact
us to check whether there may be any time-lag in updating the Schedule in
the legislation database. |
| Q2: | Do
I have to pay any legal costs on seeking assistance from the Central Authority
of Hong Kong? |
| A2: |
Yes, you have to pay legal
costs unless legal aid assistance is granted. Click here
for more information. However, the Central Authority of Hong Kong does not charge
for any administrative costs in liaising with other authorities or in assisting
with the completion of a request form. |
| Q3: | Does
the Convention apply if my proposed application for the return of a child or for
the exercise of rights of access is as between Hong Kong and the mainland of the
People's Republic of China? |
| A3: |
The Convention has no application
to cases concerning different regions of the same State, and therefore the provisions
of the Convention do not apply as between Hong Kong and the mainland of the People's
Republic of China. |
| Q4: | Does
the Convention apply if my proposed application for the return of a child or for
the exercise of rights of access is as between Hong Kong and Macao? |
| A4: |
The Convention came into
force as between Hong Kong and Macao on 1 March 1999. Since the Convention has
no application to cases concerning different regions of the same State, the provisions
of the Convention ceased to apply as between Hong Kong and Macao on 20 December
1999 on the resumption of the exercise of sovereignty over Macao by the People's
Republic of China. |
| Q5: | What
should I do if my proposed application for the return of a child or for the exercise
of rights of access is as between Hong Kong and a non-Contracting State or territory? |
| A5: |
The CACO
and the Convention do not apply under such circumstances. You should as soon as
possible seek legal advice from your local lawyer or lawyers in the jurisdiction
where the child is unless an amicable agreement for voluntary return or for access
can be reached. |
| Q6: | Will
the Central Authority of Hong Kong assist me in the application for or variation
of a custody order in respect of a child? |
| A6: |
No, the Central Authority
of Hong Kong will only provide assistance in -
| (a) | the
return of a child to the place of his/her habitual residence as described here;
or | | | | | (b) | international
exercise of access rights as described here. |
You should seek
legal advice from your own lawyer regarding any custody matters. |
| Q7: | Will
the Central Authority of Hong Kong assist me in my divorce proceedings? |
| A7: |
No, the Central Authority
of Hong Kong does not advise on divorce matters. You should seek legal advice
from your own lawyer. |
| Q8: | How
long will it take to process an application for the return of a child under the
Convention? |
| A8: |
It varies depending on the
legal system of the relevant Contracting State or territory, and may take longer
if the person who removed or retained the child opposes the application or if
the child cannot be located. |
| Q9: | Does
an applicant for the return of a child need to travel to the place where the child
is to attend the judicial or administrative proceedings concerned? |
| A9: |
The Hong Kong courts may
make a decision concerning the return of a child under the Convention without
the applicant travelling to Hong Kong. As for other Contracting States and territories,
the relevant Central Authority will advise you upon request. |
| Q10: |
Why
is it that the list of Contracting States and territories in the Schedule
to the Child
Abduction and Custody (Parties to Convention) Order (Cap. 512 sub. leg.) is
not exactly the same as the list in the status table by the Convention
under the Child
Abduction Home Page of the Hague Conference on Private International Law ? |
| A10: |
It
is because Article 38 of the Convention stipulated, inter alia, that "the accession
will have effect only as regards the relations between the acceding State and
such Contracting States as will have declared their acceptance of the accession".
Therefore, there may be some discrepancies between the list in the Schedule and
the Status table in relation to States which acceded to the
Convention. |
