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Family Law
New Arrangement for Application for Leave to Appeal in the Family Court
The Court of Appeal has made several suggestions to improve the processing time of filed appeals in the Family Court. This has resulted in the adoption of the New Arrangement for Application for Leave to Appeal in the Family Court (“NAAL”), which is summarised below:…Read More
Shortlisted in The Macallan ALB Hong Kong Law Awards 2018
Tanner De Witt is pleased to be shortlisted for five awards at The Macallan ALB Hong Kong Law Awards 2018 to be held in Hong Kong on Friday 7 September. We have been shortlisted for: Restructuring and Insolvency Law Firm of the Year; Dispute Resolution Boutique Law Firm…Read More
Q&A with Samantha Chu – Matrimonial Lawyer
Samantha obtained her BA from The University of British Columbia and her PCLL from The City University of Hong Kong. Samantha joined Tanner De Witt in September 2017 after completing her training at a renowned matrimonial law firm in Hong Kong. Why did you choose…Read More
Reciprocal recognition and enforcement of judgments on matrimonial and related matters
Introduction Hong Kong and Mainland China have entered into a new arrangement on the reciprocal recognition and enforcement of civil judgments in matrimonial and family cases (the “Arrangement”) on 20 June 2017. The Arrangement is a significant step to providing clearer legal protection for relevant…Read More
Legal obstacles to surrogacy remain in Hong Kong
Surrogacy is becoming an increasingly popular option for families hoping to start a family in Hong Kong. The acceptance of non-traditional family structures, increased access to reproductive technologies and cheaper international travel mean that surrogacy is no longer always altruistic, and it is less frequently…Read More
High Court applies wardship to plug legal gap created by Hong Kong’s surrogacy legislation
In a pathbreaking decision the High Court has used the inherent wardship jurisdiction to fill a hole in Hong Kong’s family law that threatened to leave it without the ability to regulate children’s upbringing: S v J (Director of Immigration intervening), HCMP 1857 of 2016,…Read More
The Hague Convention and child abduction cases in Hong Kong
Objectives of the Convention The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) is given effect in Hong Kong by the Child Abduction and Custody Ordinance (Cap. 512) (“CACO”). The Convention, and more specifically in Hong Kong CACO, are being invoked…Read More
Legal update: Is your will your will?
Ilott v Mitson [2017] UKSC 17 – update Background This case was previously featured in a post entitled “Is your will your will?“. The case concerned the Will left by a Mrs. Jackson after her death in June 2004. Mrs. Jackson was survived by her only…Read More
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
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
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
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
