Key points
This case in 30 seconds
- Situation
- The client has a child under 18 with the other parent, and has been the child’s main carer. The client has been posted overseas for a new job and wants to relocate with the child, but the other parent does not agree to the child going.
- Approach
- To take a child out of Hong Kong, you need the other parent’s written consent or the court’s permission. We then helped prepare the consent form for taking the child out of Hong Kong, and the related application documents.
- Result
- Later, the relocation plan went ahead, and the child’s school, home and arrangements for staying in touch with the other parent were all settled. The child was able to settle in early, and daily contact was kept up.
Three points for handling this well
- First organise the relocation plan, including school, home and arrangements for staying in touch.
- To take a child out of Hong Kong, you need the other parent’s written consent or the court’s permission.
- If circumstances change, the relocation plan can be reorganised.
Background
The client has a child under 18 with the other parent, and has been the child’s main carer.
The client has been posted overseas for a new job and wants to relocate with the child, but the other parent does not agree to the child going.
She wanted to settle the child’s school and home as soon as possible, but the other parent had not replied on whether they agreed.
She worried that taking the child out of Hong Kong without the other parent’s agreement could cause problems, so she wanted to understand what she could do first.
- Not sure what to do if the other parent does not agree
- Worried about whether it is appropriate to take the child out of Hong Kong without the other parent’s consent
- Don’t know what the relocation plan needs to cover
She had searched online herself, but different websites said different things, and she was not sure whether to organise the plan first or ask the court directly.
She wanted to understand how to settle things properly for her child before they got complicated.
Where the other parent may not agree, the first thing to do is organise the relocation plan clearly.
Why organise the relocation plan first, and prepare the application?
In this case we chose to organise the plan first, because even without the other parent’s agreement, there was still a clear next step to follow up.
Does relocating overseas need the other parent’s consent?
Major decisions about a child include education, medical care, religion and relocation.
Both parents share custody and decide major matters such as education, medical care and religion together; care and control usually goes to the parent the child mainly lives with.
Where parents disagree, they must first try to agree; if that fails, the court can decide.
To take a child out of Hong Kong, you need the other parent’s written consent or the court’s permission.
How can you get consent or apply for permission?
The relocation can go ahead as planned only once consent or permission has been obtained.
| The other parent agrees | Spouse does not agree | |
|---|---|---|
| When it applies | Both sides agree on the relocation plan | The other parent does not agree to the child going |
| Documents needed | Written consent form | Documents for applying to the court for permission |
| Step 1 | Organise the relocation plan | Organise the relocation plan and records of communication |
| We help | Prepare the consent form | Explain the procedure and prepare documents |
If agreement cannot be reached, the other parent may consider applying to the court for a prohibition order and sending the order to the Immigration Department, to help stop the child leaving; in some cases wardship may also be considered.
Every arrangement puts the child’s daily life and feelings first.
If you can agree, you can make the agreement yourselves; if not, the court decides.
What else can be done if the situation is different?
Financial arrangements for relocation are often discussed together with the child’s living costs; see the related service at the foot of the page.
Similar situations may also relate to “Access not going ahead as ordered: enforcement or variation” or “Children and a disagreement over arrangements: mediate first”, which you may read alongside.
Once you have settled on organising the plan first and then considering an application for permission, what remains is knowing how each stage works in practice.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case. Our help comes in three stages.
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Organising the relocation plan stage
From the first consultation
At the first consultation, the dedicated consultant first learns about the client’s relocation plan.
We help you prepare the relocation plan, including school, home and arrangements for staying in touch with the other parent.
Organising the plan is the first step in preparing the application.
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Preparing documents stage
Once everything is in order
Next, we help prepare the consent form for taking the child out of Hong Kong, and the related application documents.
Once the documents are ready, the next step is planned.
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Arrangements put in place stage
Once the documents are ready
Once the documents are ready, we remind the client to keep in touch with the other parent as set out in the relocation plan.
Following the plan reduces uncertainty when it is put into effect.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
For every document, we first explain its contents and what needs following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Later, the relocation plan went ahead; the child was able to settle in early and daily contact was kept up.
The child’s school, home and arrangements for staying in touch with the other parent were also put in place as planned.
Because the relocation plan already covered school, home and contact arrangements, the application was prepared from the plan already organised, with no need to renegotiate the arrangements.
For the child, the biggest difference is that daily arrangements were settled in advance; once the plan went ahead, the child could settle into daily life early.
Throughout, the dedicated consultant prepared documents according to the relocation plan and reminded the client about arrangements for staying in touch with the other parent.
Without organising the plan first, preparing a clear consent form and application documents often takes longer.
With the plan now in effect, the child’s life has not changed much, which was what the client cared about most at the start.
How does the procedure change if your situation is different?
The approach in this case follows from the other parent not agreeing to the child going; if the situation differs, the approach will change too.
The other parent agrees to the child going: If both sides agree, they can sign a consent form themselves and the arrangements can go ahead.
Circumstances have changed and I want to change the plan: When circumstances change, the relocation plan can also be reorganised.
I need more time to prepare: If necessary, you can also first find out how much preparation time to allow.
Three things you can do first in a similar situation
- First organise the relocation plan, including school, home and arrangements for staying in touch.
- Check whether the other parent agrees to the child going.
- If the situation continues, find out the difference between preparing a consent form and making an application.
FAQ
Want to take your child to live overseas? How do you start preparing?
We help you prepare the relocation plan, including school, home and arrangements for staying in touch with the other parent.
Does taking a child out of Hong Kong always need the other parent’s consent?
To take a child out of Hong Kong, you need the other parent’s written consent or the court’s permission.
If the other parent does not agree to the child going, what else can be done?
Next, we help prepare the consent form for taking the child out of Hong Kong, and the related application documents.
Is relocating a custody decision?
Major decisions about a child include education, medical care, religion and relocation.
With joint custody, can one parent decide to relocate alone?
Both parents share custody and decide major matters such as education, medical care and religion together; care and control usually goes to the parent the child mainly lives with.
If circumstances change, can the relocation plan be changed?
Where parents disagree, they must first try to agree; if that fails, the court can decide.
How can the other parent stop the child being taken out of Hong Kong?
If agreement cannot be reached, the other parent may consider applying to the court for a prohibition order and sending the order to the Immigration Department, to help stop the child leaving; in some cases wardship may also be considered.
What arrangements should a relocation plan cover?
We help you prepare the relocation plan, including school, home and arrangements for staying in touch with the other parent.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
