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Five Common Types of Divorce Between China and Hong Kong
Divorce cases involving both Hong Kong and mainland Chinese parties can be more complex. Here are the main situations we handle:
01
Marriage Registered in Mainland China
One spouse has returned to China and is unreachable, with no marriage certificate or ID available.
02
Unilateral Divorce with Disputes
One party applies for divorce, but there is no agreement on property division or child custody.
03
Divorce Through Hong Kong Courts
Both parties divorce in Hong Kong without settling property or assets registered under one spouse’s name.
04
Marriage Registered in Hong Kong with Missing Spouse
The couple registered in Hong Kong, but one partner disappeared and cannot be contacted.
05
One-Sided Refusal to Divorce
One party firmly opposes divorce and refuses to cooperate with legal proceedings.
Our team provides tailored legal solutions for each of these situations, ensuring clarity and efficiency across both legal systems.
Six Key Points in Proving Custody in Hong Kong
When deciding child custody, the court considers several factors to ensure the child’s best interests:
Maintaining Stability
Courts prefer not to disrupt the child’s current living situation unless there are strong reasons to do so.
Age of Parents and Children
Young children are often placed with the mother. The court also considers parents' age and ability to care for the child.
Primary Caregiver
Priority is given to the parent who has been the child’s main caregiver to avoid emotional disruption.
Keeping Siblings Together
Siblings are usually placed with the same parent to maintain family bonds, unless separation is clearly in their best interest.
Children’s Wishes
The court listens to older children’s preferences, considering their age and maturity.
Parents’ Ability to Care
Custody decisions are based on each parent’s financial stability, health, and overall capacity to meet the child’s needs.
Three Common Types of Custody in Hong Kong
In all custody decisions, the child’s welfare is the court’s top priority. Custody includes the rights and responsibilities for a child’s care, control, and major life decisions.
Sole Custody
One parent has full decision-making power and daily care responsibilities. This allows quicker decisions without needing the other parent’s consent.
Split Custody
One parent handles day-to-day care, while the other retains authority over major decisions affecting the child’s welfare. This is less common and works only if both parents can cooperate.
Joint Custody
Both parents share responsibility for all major decisions, while daily care may be handled by one parent. This setup requires good communication and mutual agreement between parents.
China–Hong Kong Divorce Consultation
Expert advice on navigating the differences between Chinese and Hong Kong divorce laws.
Tips for Taking Children Abroad
After Divorce in Hong Kong
Removing children from Hong Kong—whether for a holiday or permanently —
requires careful legal steps to avoid being seen as unlawful removal or child abduction.
Temporary Trips (e.g., Holidays)
- You must get written consent from the other parent.
- A “Consent Summons and Order” should be filed, confirming travel dates and promising to return the child.
- If consent isn’t given, apply to the court for permission 2–3 months in advance.
Temporary Trips (e.g., Holidays)
Permanent Relocation
- You need the other parent’s consent or a court order.
- The court will consider the child’s welfare first—whether relocation is necessary (e.g., due to remarriage, career changes).
- Applications must be sincere and not for personal gain.
Permanent Relocation
How to Prevent Unlawful Removal
- Apply for wardship: the court temporarily takes guardianship control during custody disputes.
- Notify the Immigration Department to restrict the child’s departure until the court decides.
- Apply for an injunction preventing the other parent from leaving Hong Kong with the child.
How to Prevent Unlawful Removal
Court Provisions in Divorce Orders
- Divorce orders usually include departure restrictions unless exemptions are specifically granted.
- This protects both parents’ rights and ensures stability for the child.
Court Provisions in Divorce Orders
Custody Consultation
Complete support for child custody and divorce matters.
What’s Included:
- One-on-one consultation with our divorce team
- Drafting all required custody and divorce documents
- Alimony assessment and calculation
- Guidance on matters involving illegitimate children
- Evaluation of unreasonable behavior claims
- Custody order modification assistance
- Unlimited phone consultations until your case is resolved
Full Service Until a Successful Divorce
Who Pays for Child Expenses After Divorce?
Joint Custody vs. Sole Custody
- Joint Custody: Both parents share decision-making for the child’s upbringing, such as school choice and living arrangements.
- Sole Custody: One parent has full control over major decisions. The other parent has visitation rights only.
How Are Visitation Hours Set?
- Reasonable Visitation: Flexible, agreed by both parents.
- Free Visitation: Broad and often leads to disputes — generally not recommended.
- Defined Visitation: Fixed schedule with clear days, times, and handover arrangements, including holiday schedules.
Custody and Immigration Situations
- Temporary Trips: Written consent from the other parent is required. A consent summons and court order must confirm travel dates and guarantee the child’s return.
- Permanent Relocation: Consent or a court order is required. Moving children abroad without approval is considered child abduction under Hong Kong law.
Our Divorce Services
We combine family law expertise with personalized guidance and practical solutions for every client.
Divorce Procedures
Fast, discreet handling of all divorce applications and related matters.
Alimony Guidance
We help calculate fair alimony payments — whether agreed upon or decided by court.
Child Custody Consultation
Support in securing custody arrangements, including sole or joint custody as approved by the court.
China & Hong Kong Divorce Advice
Expert consultation on divorce procedures across both legal systems, tailored to your specific situation.
More Child Custody FAQs
Types of Child Support:
- Types of Child Support: The parent with custody can apply for financial support through the court. This may include periodic payments, guaranteed payments, or lump sums—both before and after the divorce is finalized.
- Age Limit for Child Support: Generally up to age 18. Support may continue if the child is in full-time education, training, or has special needs, as determined by the court.
- The court prioritizes the child’s best interests.
- By default, the mother holds full custody.
- The father can apply for custody rights through the court.
- The court will consider the child’s welfare and wishes (depending on age and understanding).
Yes. Grandparents or other primary caregivers may apply if parents are unfit (e.g., deceased, imprisoned).
Under Section 7 of the Guardianship of Minors Ordinance, guardianship may automatically transfer or be granted by the court after the death of a parent or guardian.
You may apply for:
- Guardianship Proceedings: Making the child a ward of the court.
- Prohibition Order: Preventing the other parent from removing the child from Hong Kong.
Once an order is granted, it should be sent to the Immigration Department, which will block unauthorized departure at all ports and airports.
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Comprehensive Divorce Solutions
We provide complete support for all types of divorce cases — including unilateral divorce, quick divorce, standard divorce procedures, and separation-based divorce. Our team is committed to helping clients overcome challenges at every stage with care and efficiency.
If you need assistance, contact us today for professional guidance.