With many working parents in Hong Kong, children are often cared for by grandparents. What rights, in respect of children, do grandparents have if parents are undergoing divorce proceedings?
In this article, Loretta Ho summaries CLP v CSN  6 HKC 234 and explores the law in Hong Kong which limits the rights of third parties to make applications to the Court for orders in relation to children. Many countries such as UK, Scotland, Australia and New Zealand have undergone law reform and introduced the concept of Parental Responsibility.
Hong Kong has a draft Children Proceedings (Parental Responsibility) Bill wherein one of the provisions removes the limit for 3rd parties to apply for orders in relation to children, on the condition that the minor has lived with the said 3rd party for at least 1 year within the span of 3 years. The public consultation for the bill completed on 25 March 2016.
The Bill has not passed yet.
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*This article is in Traditional Chinese
For further information, please contact:
Loretta Ho, Associate, Gall