| Related
information Custody
of children generally in Hong Kong Hong
Kong's substantive law on the custody of children is primarily contained in a
few Ordinances (including the Guardianship
of Minors Ordinance (Cap. 13) ("GMO"), the Matrimonial
Causes Ordinance (Cap. 179) ("MCO"), the Matrimonial
Proceedings and Property Ordinance (Cap. 192) ("MPPO") and the Separation
and Maintenance Orders Ordinance (Cap. 16) ("SMOO")). The
GMO
governs court proceedings relating to the custody and upbringing of children.
This Ordinance states the principle that the welfare of the child in question
is to be the first and paramount consideration of the courts. The rights and authority
of the mother and father of a child are equal except where the child is born out
of wedlock, in which case the mother has all parental rights and authority. However,
on application made by an unmarried father, the court may grant him some or all
of the rights and authority that the law would allow him as a father if the child
were born legitimate. The
MCO
governs divorce and the MPPO
contains provisions relating to ancillary and other relief in matrimonial proceedings.
Section
19 of MPPO states that the court may make such order as it thinks fit for
the custody and education of a child in matrimonial proceedings such as divorce.
Procedural rules for custody applications are in the Matrimonial
Causes Rules (Cap. 179 sub. leg.). A "sole custody" order is quite common,
under which the child concerned lives with the custodial parent who has the right
to make the decisions regarding the upbringing of the child. The non-custodial
parent is usually granted access, which means the right to maintain contact with
the child. Under section
5 of SMOO, a husband or wife may apply for the legal custody of a child of
the marriage on a ground under section
3.
| N.B.
| This
section is for general information only. You should not act on the information
without seeking legal advice. | 
  Last
review date: 28 Jan 2011
| 
