1. What does child custody mean in Hong Kong?

Child custody refers to the legal rights and responsibilities a parent has toward a child’s upbringing, including decisions about education, healthcare, and welfare.

2. What types of custody exist in Hong Kong?

The Family Court may grant one of the following:

• Sole Custody – One parent makes major decisions about the child’s life.
• Joint Custody – Both parents share decision-making responsibilities.
• Shared Care and Control – The child lives with each parent for significant periods.

3. How does the court decide child custody?

The court’s priority is always the best interests of the child. It considers factors such as the child’s welfare, emotional needs, stability, and each parent’s ability to provide proper care.

4. Does the mother automatically get custody?

No. Hong Kong law does not favor either parent. Custody decisions are made based on the child’s welfare, not gender or financial status.

5. Can parents agree on custody arrangements without going to court?

Yes. Parents can reach a mutual agreement on custody and access arrangements, which the court can approve if it serves the child’s best interests.

6. What is “access” or “visitation rights”?

Access, also known as visitation rights, allows the non-custodial parent to maintain contact and spend time with the child regularly.

7. Can a custody order be changed later?

Yes. Custody or access orders can be varied if there is a material change in circumstances, such as relocation, remarriage, or changes in the child’s needs.

8. What if one parent breaches the custody or access order?

The affected parent may apply to the Family Court to enforce the order or seek a variation. Legal penalties may apply for willful non-compliance.

9. Can I take my child overseas after divorce?

A parent must obtain either the other parent’s consent or a court order before taking a child out of Hong Kong, even temporarily, if a custody or access order is in effect.

10. Why hire a family lawyer for child custody cases?

A qualified family lawyer ensures your parental rights are protected and helps negotiate or litigate custody arrangements effectively. Yip Tse Tang Solicitors & Notaries offers compassionate, professional guidance to secure outcomes that prioritize your child’s welfare.