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Family Law
The Use of Mediation in International Child Abduction Cases
Introduction An occurrence of international child abduction evokes negative emotions and strong condemnation. The unauthorised removal of a child from the loving care of a parent across international lines is obviously unacceptable. Equally so, is the retention of a child abroad without mutual parental consent. …Read More
Considering the right to family within the context of multiple sibling adoption
In Hong Kong, the right to family life is enshrined in Article 19 of the Bill of Rights Ordinance (Cap. 383), which recognises family as “the natural and fundamental group unit of society”. Further, Article 14 protects one’s rights from arbitrary or unlawful interference with…Read More
Tanner De Witt seeks a Family Associate (2-4 PQE)
THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Tanner De Witt’s Family Practice is seeking an enthusiastic solicitor to join their team. This role is an opportunity for a junior lawyer to grow his or her practice within an established firm and…Read More
Question: I am going through a separation or divorce. Can I travel with my children overseas?
At the start of a New Year, parents may be looking to enjoy overseas travel with their children, especially during their long school holidays. It is important to plan ahead and seek agreement with your co-parent to prevent any travel disappointments, delays, or cancellation costs. As…Read More
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024. We are honoured to have maintained top-notch rankings for an impressive 14-year stretch. Big congratulations to our exceptional team for earning this well-deserved recognition. Restructuring & Insolvency:…Read More
Is a hand written signed will without witnesses valid?
Recently, I have been asked if we can obtain a grant of representation based on a will hand-written and executed by the testator but without the formal requirements of having two witnesses signing at the same time. Incidentally, a decision in the recent case of…Read More
To Join or Not to Join – Navigating the Complexities of Beneficial Interests in Divorce Proceedings
Divorce, an intensely personal affair, extends its ramifications beyond the couple involved, touching the lives of family members and friends alike. This repercussion becomes even more profound when one spouse assumes the role of a trustee for assets or when matrimonial assets are held in…Read More
Court of Final Appeal: Government must provide alternative means of recognising same-sex partnership
On 5 September 2023, the Court of Final Appeal in Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 ruled that the absence of alternative means of legal recognition of same-sex relationships in Hong Kong amounts to a violation of the constitutional right to…Read More
Divorce Proceedings and Your Business Part 2
In our previous article, we explored the confidential nature of divorce proceedings; the legal framework of protection of confidentiality over documents and information disclosed in divorce proceedings; and remedies available from the Court if you discovered that your spouse has obtained your confidential information without…Read More
Divorce Proceedings and Your Business Part 1
Parties to divorce proceedings owe an ongoing duty to the Court to give full and frank financial disclosure. If you are the sole proprietor or a substantial shareholder of your private company, will the company’s assets be treated as your assets? Will you have to…Read More
Tanner De Witt promotes Adrian Au to Partner
Tanner De Witt is delighted to announce the promotion of Adrian Au to the position of Partner with the firm, with effect from Thursday, 1 June 2023. The promotion recognises Adrian’s significant contribution to the firm and reflects the firm’s continued investment in the Family…Read More
Forced marriages and the law of invalid consent recently examined in RM v AY [2023] HKCU 1398
The freedom to marry a partner of our choosing is a constitutional right. The Hong Kong Bill of Rights states “No marriage shall be entered into without the free and full consent of the intending spouses” (Article 19). Yet, forced marriages do happen in Hong…Read More
