Divorce custody

When one party to the marriage is worried that the other party will take their common children out of Hong Kong without consent, they can file an application for court custody (wardship) with the court, that is, to apply at a specific time (usually during the parties' litigation over child custody, etc.) The court exercises custody of children. Once a guardianship application is submitted to the court, one party can send a copy of the application documents stamped by the court to the Immigration Department for registration without waiting for the court to make a decision. After the Immigration Department receives and registers these documents, the children will not be able to leave Hong Kong through the border.

Usually at the same time or after filing an application for court custody (wardship) in court, the applicant should file a child custody lawsuit with the court so that the court can handle the disputes about the children.

Another method is to apply to the court for an injunction to prohibit the other party from taking the children out of Hong Kong without consent.

During divorce proceedings, if both parties do not actively apply to take their children out of Hong Kong, the court will generally add departure restrictions when dealing with child custody, that is, neither party can unilaterally take away the children of the family without permission. Hongkong.

If, during the divorce proceedings, either or both parties apply to the court for a waiver of the departure restriction and are granted approval, they may avoid the need for approval in the future. This usually applies when both parents or one of the parents is not a long-term resident in Hong Kong, or when it is anticipated that the children of the family will need to travel or go abroad.

When many clients are applying for a divorce, they will have some questions about the restrictions on taking their children out of Hong Kong. For example, how to apply, how long it will take and how much it will cost are all issues they are concerned about. The court will often remind parents to prepare in advance. Allow approximately two to three months to apply in advance.

Applications for taking family children out of Hong Kong can be classified as temporary, such as traveling to visit relatives, or long-term, such as immigration.

For the temporary removal of children from Hong Kong, it is usually the party who needs to take the children away, such as the mother or the primary caregiver. The application for making a summons and supporting affidavit can be a unilateral application, and it is better if an agreement can be reached. Even if it is a short-term trip, in addition to making an oath, the applicant must also promise to the court and the other divorced spouse to bring the children back to Hong Kong, and provide the itinerary and local residence contact number. If the other party disagrees and believes that the visitation time is short, the applicant may be required to make up the visitation time in accordance with the previous order defining visitation rights.

As for the application for permanent departure, it may be because the applicant has remarried or needs to return to his hometown, or due to changes in career plans, he may request to take the family's children out of Hong Kong. Of course, the primary condition of the application is the welfare of the child. The key point for the court to consider is whether the mother's application is sincere or for selfish reasons. If not allowing the application would have an impact on the welfare of the child, permission should be made.

The assessment of child support is generally based on the following two situations:
‧Types of claims for child support
The party who has obtained custody has the right to seek financial support for the children from the second party in individual cases. When dealing with alimony matters, the applicant can apply to the court to obtain temporary alimony before the completion of the litigation. After a divorce or separation petition and an application for interim maintenance are filed, the court can make interim financial support orders available to the children, such as periodic payments, guaranteed periodic payments and lump sums. The court may also make other orders at different stages of the proceedings, including at or after the making of a decree nisi of divorce; during guardianship proceedings concerning a minor; and during guardianship proceedings.
‧The upper age limit for children to receive alimony
According to section 10 of the Matrimonial Proceedings and Property Ordinance, the court can make orders for children under the age of 18, such as periodic payments, guaranteed periodic payments and lump sums.
However, the Ordinance further stipulates that if the child is currently or will be studying in an educational institution, or receiving certain types of training, or under special circumstances that are appropriate and acceptable to the court (for example, the child is a disabled person), the order will be made in accordance with the existing order. The payment can be extended until the child reaches 18 years of age or older.

You can consider the following options:
‧Custody litigation: If necessary, you can choose to apply to make the child a guardian of the court.
‧Injunction: If it is impracticable or unsafe to seize travel documents, you may apply for an injunction in divorce or separation proceedings to prohibit anyone from taking the child without your custody and control. away from Hong Kong.
Whether it involves guardianship proceedings or a restraining order, your lawyer should immediately serve the relevant order or guardianship proceedings information on the Immigration Department. After receiving the information, the Immigration Department will notify all ports and airports to prevent or prevent the children concerned from leaving Hong Kong.