Joanne Brown

29Oct2020

40th Anniversary of Hague Convention on the Civil Aspects of International Child Abduction

Monday, 25 October 2020 marked the 40th anniversary of the Hague Convention on the Civil Aspects of International Child Abduction (the Convention). The Convention is given effect in Hong Kong in 1997 by the Child Abduction and Custody Ordinance (Cap. 512) (CACO). The objectives of…Read More

20Oct2020

Radmacher v Granatino, 10 years on: revisiting the landmark case on nuptial agreements

Nuptial agreements have often been met with conflicting views. For the romantics, the idea of entering into a nuptial agreement may suggest planning for an imminent divorce. For the cautious and financially prudent, it can be seen to be a sensible financial and succession planning…Read More

23Sep2020

Joanne Brown now an accredited HKMAAL Family Mediator

We are delighted to announce that Joanne Brown, Partner and Head of the Family department, is now accredited by the Hong Kong Mediation Accreditation Association Limited (HKMAAL) as a Family Mediator. What is Mediation? “Mediation is a flexible process conducted confidentially in which a neutral…Read More

18Sep2020

Legal update: Two equality rights cases ruled on by High Court on 18 September 2020

The High Court today handed down two decisions concerning same-sex rights in Hong Kong. Ng Hon Lam Edgar v Secretary for Justice [2020] HKCFI 2412 In the Judgment of the Honourable Mr Justice Anderson Chow, the High Court today ruled in favour of Mr Edgar…Read More

16Sep2020

I do… agree to get divorced

My spouse and I agree to dissolve our marriage. Should I file a petition based on the fact of One Year Separation with Consent or should we apply under for divorce under a joint application? If you and your spouse have to come to agreement…Read More

15Sep2020

BMC v BGC formerly known as WCY [2020] HKCA 317

In an interesting decision handed down recently, the Court of Appeal dismissed a father’s appeal brought against a first instance judgment dismissing his application for the return of his child to the USA from Hong Kong. The application for return was brought under the Child…Read More

04Sep2020

Joanne Brown and Kim Boreham featured in Expat Living magazine

Partners Joanne Brown and Kim Boreham have been featured in Expat Living Magazine‘s Autumn issue in an article about families and the pandemic. As Head of the Family and Private Client practice, Joanne answered some readers’ questions on how to navigate tricky family situations created/exacerbated…Read More

31Aug2020

Leave granted to foster parents to intervene in wardship proceedings to make arrangements to apply for adoption of ward

In ongoing public wardship proceedings in Hong Kong the High Court granted leave to the foster parents (“Mr and Mrs K”) of the ward (“G”) to intervene in the proceedings and to make arrangements for the adoption of G by them. The Court’s Reasons for…Read More

26Aug2020

Advancing Private Adjudication of financial disputes in matrimonial and family proceedings

The first Private Family Adjudication (‘PFA’) was held recently in Hong Kong. It reportedly ran smoothly and led to a swift decision. It prevented a significant delay in ancillary relief trial proceedings, which had been adjourned due to the impact of Covid-19 on the Courts….Read More

23Jul2020

Tanner De Witt’s family lawyers attend HKFLA talk on surrogacy and legal parenthood

On 20 July 2020, members of Tanner De Witt’s Matrimonial and Family Law Department attended a talk on ‘Surrogacy and Legal Parenthood: Latest Developments in Hong Kong’ organised by the Hong Kong Family Law Association (“HKFLA”).  The members’ talk was presented by Mr. Hectar Pun…Read More

21Apr2020

Can the novel coronavirus form a defence to international child abduction?

An interesting decision is now available in respect of a child removed by her mother from Spain, her place of habitual residence and the subsequent application by her father for her return brought under legislation incorporating the Convention on the Civil Aspects of International Child…Read More

03Apr2020

Separate representation of children in court proceedings in Hong Kong

At common law, children (in Hong Kong being persons below the age of 18 years old) do not have the capacity to initiate or participate in civil proceedings (Order 80 rule 2 of the Rules of the High Court (Cap. 4A)). However, family law proceedings…Read More