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Family Law
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
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
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
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
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
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
