Family Law

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

03Mar2016

Legal wedding checklist when preparing for marriage

Marriage is a legal matter.  An important part of marital planning is to ensure that the implications of marriage on your legal status are well considered with ample time before the wedding.  Planning takes time.  Time will be short as the big day approaches. Consider…Read More

12Feb2016

Marrying rich? Better safe than sorry.

Ranking 3rd in Forbes’s “Cities With The Most Billionaires In 2015”, it is common for married couples in Hong Kong to live lavishly through the generosity of family members but with no absolute entitlement to wealth. This begs the million dollar question, for spouses who…Read More

14Jan2016

Validity and need for registration of foreign marriage in Hong Kong

When people speak of a white wedding, they used to mean the colour of the bride’s dress.  Now they are just as likely to be talking about the colour of the sand on the exotic beach where the ceremony was held. A survey has claimed…Read More

01Dec2015

Supporting Pathfinders in 1940s style

Tanner De Witt was pleased to support the Pathfinders Annual Ball held at Ed1tus in Wong Chuk Hang on Saturday 21st November. Partners and heads of our family practice Mark Side and Joanne Brown attended to show support for this charity fundraiser which raised a…Read More

20Nov2015

Legal update: Long-awaited Children’s Bill coming soon to Hong Kong

The law in Hong Kong that protects children experiencing divorce and other family issues has been discussed and debated for years. Improvements have been made but no concrete Children’s Bill has been passed. Following the well-attended Third Children’s Forum held recently by CIF HK at…Read More