Public consultation on LRC's recommendations on child custody and access laws (with photo/video)

The Government today (December 28) launched a public consultation to gauge the views of the public on the recommendation made by Law Reform Commission of Hong Kong (LRC) that the "joint parental responsibility model" should be implemented by legislative means to replace the existing custody and access arrangements under the family law.

Speaking at a press conference, the Permanent Secretary for Labour and Welfare, Mr Paul Tang, said, "Under the existing law, when parents divorce, the court would rearrange their parental rights through custody orders. It may make a sole custody order, which gives the power to make important decisions about the child to only one of the parents (the custodial parent), or a joint custody order, which gives the power to both parents.

"In its Report on Child Custody and Access, the LRC recommended that these existing arrangements should be abolished and replaced by the joint parental responsibility model."

According to the LRC Report on Child Custody and Access, the joint parental responsibility model is a new approach to dealing with the arrangements for children after the divorce of their parents. It emphasises the continuing responsibilities of both parents toward their children rather than their parental rights. Both parents would retain their responsibilities to participate in important decisions about their children even after divorce.

Some major recommendations made by the LRC to introduce the model to the family law of Hong Kong include:

* To specify in the law that some major decisions affecting the child require the express consent of both parents, while some require notification to the other parent;

* To abolish the custody order and access order currently provided for under the law and replace them with the "residence order" and "contact order" respectively. The non-resident parent would still retain parental responsibility over the child and the right to be involved in important decisions affecting the child's well-being and future; and

* To introduce the "specific issues order" and "prohibited steps order", which enable the court to give direction to address the disagreements between parents on issues relating to their children.

Mr Tang said, "The Labour and Welfare Bureau (LWB) has convened informal meetings with stakeholders to gauge their views on the LRC's recommendations.

"Some stakeholders shared the LRC's view that the joint parental responsibility model should be implemented by legislative means as it could promote the continued involvement of both parents in the upbringing of the child, which is in the best interests of the child. Some, however, were concerned that the recommendations might provide opportunity to hostile parents to obstruct and harass the other spouse after divorce.

"In view of the views expressed and since the LRC's recommendations, if implemented, would have a far-reaching impact on children and families, we consider it advisable and prudent to launch a consultation to gauge more fully the views of the public before mapping out the way forward."

The consultation paper can be obtained from the Public Enquiry Service Centres of District Offices or downloaded from the website of the LWB (www.lwb.gov.hk).

Members of the public and stakeholders may send their views to the LWB by post (Team 1, 11/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong), fax (2524 7635) or e-mail (custody_consultation@lwb.gov.hk) on or before April 30, 2012.

Ends/Wednesday, December 28, 2011

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