Family Law

08Jun2017

Who is a “child of the family”?

Who is a “child of the family”? LNL v HPYA [2016] 3 HKLRD 261 The main issue before the Court in this case was whether the child, CH, was a child of the family. The determination of this question was relevant to whether the husband…Read More

01Mar2017

Parenting co-ordination now in Hong Kong

With divorce rates continuing to rise globally and the increasing incidence of second and third marriages failing, families may experience breakdown and the resulting conflict more than ever before. Find out how legal practices have responded to this trend. In Hong Kong the rate of…Read More

01Feb2017

How to make use of the Mental Health Ordinance when a relative becomes incapable of managing their affairs

This article explains how to deal with a family member whose mental capacity declines and you need to gain control of their financial and legal affairs without an Enduring Power of Attorney. When a family member becomes mentally ill it is important to ensure that…Read More

17Jan2017

Tanner De Witt Family and Matrimonial Lawyer (NQ-4PQE)

THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Job Description Tanner De Witt is a business law firm based in Hong Kong, which provides legal services to clients worldwide who have business interests in Hong Kong, China and the Asia Pacific Region….Read More

14Nov2016

Tanner De Witt supports Hong Kong Family Law Association’s 30th Year Anniversary Celebrations

Tanner De Witt was proud to support the Hong Kong Family Law Association’s 30th Year Anniversary Celebration 2016. Following our silver sponsorship of the HKFLA 30th Anniversary Cocktail held at the Helena May on Thursday 10 November which was attended by Head of our Matrimonial…Read More

01Nov2016

Police arrest procedures for breaches of Injunction Orders made against violent spouses and cohabitants under the Domestic and Cohabitation Relationships Violence Ordinance Cap 189

Introduction The Hong Kong Police Force recently reviewed procedures for the handling of cases involving breach of an Injunction Order with an authorisation of arrest attached made under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) (“DCRVO”). Injunction order Section 3 of the DCRVO…Read More

07Sep2016

Legal update: An introduction to Parental Alienation

Introduction Parental alienation refers to alignment of a child with one parent whilst rejecting a relationship with the other “without legitimate justification”1. This often results from the continued denigration of one parent by the other to the child / children of the family. In doing…Read More

21Jun2016

Why appoint an Enduring Power of Attorney?

Individuals can make arrangements to appoint other persons responsible in the event that a loss of mental capacity causes an inability to manage his or her own financial affairs such as in the case of dementia.  A document known as Enduring Power of Attorney (“EPOA”)…Read More

22Apr2016

Ancillary relief: the case of short marriage between young couples without children

The Court of Appeal judgement in AVT v VNT [2015] HKEC 1298 is a good example of the departure from equal sharing of matrimonial assets in the case of a short and childless marriage.  This case concerns a medium-sized estate and a comfortable standard of…Read More

19Apr2016

The Child Abduction Legislation

The Child Abduction Legislation (Miscellaneous Amendments) Ordinance 2014 (the “Amendment Ordinance”) recently came into operation on 5 April 2016 to expand the scope of application of the current Child Abduction and Custody Ordinance (Cap 512) (“CACO”) to strengthen the powers of the courts and law…Read More

05Apr2016

Legal update: Children’s Dispute Resolution in Hong Kong

Children’s Dispute Resolution, Practice Direction 15.13 becomes a permanent feature of Hong Kong Family Court practice. The Pilot Scheme on Children’s Dispute Resolution which began on 3 October 2012 came to an end on 31 March 2016 with Practice Direction 15.13 being formally adopted from…Read More

01Apr2016

Legal update: The Collaborative Divorce: A new approach

Is the collaborative approach right for you? Do you trust yourself and your partner to prioritise the needs of your family? Do you trust yourself and your partner to be open about your financial situation? Are you able to communicate with your partner openly and…Read More