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Custody Care and Control Hong Kong: Access to Children After Divorce
- Stefan Schmierer
- May 2, 2020
- 3 min read
Updated: Jun 4
Author: Stefan Schmierer, Managing Partner
Custody Care and Control in Hong Kong is a key issue following divorce, particularly where parents are unable to reach agreement on arrangements for their children. Hong Kong law prioritises the welfare of the child, with courts focusing on long‑term decision making, daily care arrangements, and access rights to maintain relationships with both parents.
There are few more testing times in a person’s life than the break‑up of a marriage. This may be even more so when children are involved and there is no agreement as to their custody, care and control.
Principles Applied by Hong Kong Courts
Nowadays the courts encourage parties to resolve disputes relating to children through mediation, and indeed most family disputes are handled in this way where possible.
When agreement cannot be reached, the courts apply well‑established legal principles.
The most important is set out in section 3 of the Guardianship of Minors Ordinance (Cap.13), which provides that the welfare of the child is the paramount consideration.
The court may also consider:
the wishes of the child, depending on age and understanding.
any social investigation report prepared by the Social Welfare Department.
As a result, what either parent may consider to be their legal “rights” carries less weight compared to the overall welfare of the child.
Custody
The concept of custody relates to long‑term decisions in a child’s life, including:
education.
religious upbringing.
extra‑curricular activities.
medical treatment.
Hong Kong courts often favour joint custody, encouraging both parents to cooperate and make decisions together.
Sole custody is generally only granted where one parent demonstrates an inability or unwillingness to cooperate. Even then, the parent with sole custody is expected to consult the other parent on major decisions affecting the child.
Care and Control
Care and control refers to the day‑to‑day upbringing of the child. In most cases, the child will live with the parent granted care and control. However, depending on circumstances, care arrangements may involve other family members, such as grandparents.
Importantly:
there is no presumption favouring either parent.
decisions are based purely on the best interests of the child.
Access
Access refers to the right of the parent without care and control to maintain contact with the child.
The courts encourage ongoing relationships with both parents and access may include:
regular visits.
overnight stays.
telephone or digital communication.
written correspondence.
Access arrangements may be:
informal, where parents can cooperate flexibly; or
formalised in a court order, specifying exact times and conditions.
This ensures consistency where cooperation between parties is limited.
How Ravenscroft & Schmierer Can Help
Ravenscroft & Schmierer advises clients on matters relating to Custody Care and Control in Hong Kong, including parental rights, access arrangements, and family dispute resolution. The firm supports clients in mediation, court proceedings, and negotiation of practical arrangements that prioritise the welfare of children. Individuals seeking guidance may contact us.
FAQ: Custody Care and Control Hong Kong
What is custody under Hong Kong law?
Custody refers to the right to make major decisions about a child’s upbringing, including education and medical care.
What is the difference between custody and care and control?
Custody relates to long‑term decisions, while care and control concerns the child’s daily living arrangements.
Do Hong Kong courts favour one parent over another?
No. The courts do not favour either parent and base decisions on the welfare of the child.
What is access to a child?
Access is the right of the parent without care and control to maintain regular contact with the child.
Can access arrangements be flexible?
Yes. Access can be agreed informally or set out in a court order if necessary.
How can Ravenscroft & Schmierer assist with custody and access matters?
Ravenscroft & Schmierer works with clients to navigate custody, care and control, and access issues in family proceedings.
Why work with Ravenscroft & Schmierer on family law matters?
Family law matters require careful consideration of both legal and practical issues. Ravenscroft & Schmierer provides clear and practical guidance to support clients through these situations.
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
For specific advice about your situation, please contact:
Managing Partner
+852 2388 3899
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