Hong Kong Family Court Practice – Fourth Edition
Authors: Keith Hotten, Dennis Ho, Mathilda Kwong
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- The Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap 188), and the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap 639);
- The Family Procedure Bill on procedural reforms for the family justice system;
- The Children’s Proceedings (Parental Responsibility) Bill seeking to address changes in custody, care and control rights and the relevant procedures; and
- Notable decisions including but not limited to:
- Interlocutory applications under PD 4.1 and PD 15.11;
- Child abduction, wardship proceedings and Hague proceedings;
- A rare example wherein costs were awarded following a trial relating to children matters;
- Ancillary relief matters where children are involved;
- Surrogacy, parental orders and the respective rights;
- Third party interests in a landed property;
- Third party and/or litigation funding against the backdrop of legal principles relating to champerty and maintenance;
- The underlying costs implications should parties wish to appeal against a decision, including those of an interim nature;
- Civil contempt, committal proceedings and enforcement of court orders, such as a Hadkinson order;
- Same-sex marriage and the relevant legal principles on fundamental rights of marriage, including recent developments relating to Articles 4, 10, 11, 14, 16 and 22 of the Hong Kong Bill of Rights Ordinance (Cap 383);
- Wardship and custody rights in same-sex relationships;
- Modes of services and remote hearings in response to COVID-19; and
- Smart contracts and blockchain technology in the context of matrimonial law.
Table of contents
Chapter 1 - Matrimonial Causes & Family Proceedings
Chapter 2 - Marriage
Chapter 3 - Divorce
Chapter 4 - Ancillary Relief & Financial Orders
Chapter 5 - Children
Chapter 6 - Domestic Violence Injunctions
Chapter 7 - Injunctions
Chapter 8 - Enforcement
Chapter 9 - Costs
Chapter 10 - Legal Aid
Chapter 11 - ADR & Mediation
Chapter 12 - Leading Judgments
Appendix I - Practice Directions
Appendix II - International Law
Appendix III - Practice & Procedure : Suggested Checklists
Appendix IV - Ancillary Relief Tables
Appendix V - Codes of Conduct & Practice
Appendix VI - Forms (Sample & Non-Statutory)
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