Child custody · children’s best interests come first

Divorce and child custodyApplications, access and leaving Hong Kong

Custody, care and control, and access: how the court decides, and how you can prepare. We first organise your children’s living arrangements, so you know where you stand before you negotiate or apply.

See the six factors the court considersFees at a glance
Scroll down

Hong Kong divorce · Child custody

The three parts of custody

Child custody: how does the court decide?

In custody decisions, the child’s best interests come first.

It has three parts:

What the court considers

The court decides custody bysix factors

The court has no formula. These are the six factors it looks at most often.

  1. 01 1 / 6

    The child’s wishes

    The court listens to who a child wants to live with, taking account of the child’s age and understanding. The older the child, the more weight their wishes carry.

  2. 02 2 / 6

    Status quo

    If the child is used to their present home, school and life, the court will generally not change this without good reason, to avoid disrupting their daily routine.

  3. 03 3 / 6

    The main carer

    The parent who has always done the school runs, daily care and doctor visits is the one the child relies on most, and the court gives weight to this continuing care.

  4. 04 4 / 6

    Siblings living together

    The court generally prefers siblings to live together, especially when they are close in age, to reduce the harm of separating them.

  5. 05 5 / 6

    Ages of the parents and children

    Younger and older children have different needs, and a parent’s own age and health also affect their ability to care for a child.

  6. 06 6 / 6

    The parents’ ability to care

    Whether time, health, housing and income can meet the child’s needs. The court also considers whether the child is at risk of harm.

Want to know how the court would see your situation?

Fees at a glance

Fees, explained in one go.

500+ clients servedReply within three hours

Every case starts with a free 30-minute first consultation, with no commitment. All fees are listed before you engage us. There are no hidden costs.

From

HK$2,500

A one-off fee, from the first conversation until the Certificate of Decree Absolute is in your hands, with the same dedicated consultant throughout.

  • Meet your dedicated consultant to choose the ground and route
  • Assessment of unreasonable behaviour, separation or desertion as the ground
  • Drafting the petition, joint application and agreements
  • Organising the filing documents, booking the filing and arranging service
  • Calculation of family assets, property and monthly maintenance
  • Organising Mainland-Hong Kong marriage documents (where applicable)
  • Unlimited phone enquiries (Cantonese / Mandarin / English)
  • Follow-up to the decree absolute, explaining every court letter first

Court fees are paid separately to the Judiciary and are listed before you engage us.

Types of custody order

Three kinds of custody order the court can make

A custody order decides who makes major decisions, who the child lives with, and how the other parent has access.

  1. Type 1 01

    Sole custody order

    One parent holds both custody and care and control, and handles the child’s major decisions and daily life.

    Who decides

    Major decisions
    The parent the child lives with
    Daily care
    The parent the child lives with
    Access
    The other parent

    Suitable when: the two of you can no longer work together over the child.

    WhatsApp us

    The other parent usually still has access.

    A mother walking her seven-year-old son to school, both faces visible
  2. Type 2 02

    Joint custody order

    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.

    Who decides

    Major decisions
    Both parents
    Daily care
    The parent the child lives with
    Access
    The other parent

    Suitable when: the two of you can still communicate and work together over the child.

    WhatsApp us

    Where parents disagree, they must first try to agree; if that fails, the court can decide.

    Both parents at a parents’ day, with the child standing between them
  3. Type 3 03

    Split custody order

    Custody goes to one parent and care and control to the other: the child lives with one parent, and the other makes the major decisions.

    Who decides

    Major decisions
    The parent the child does not live with
    Daily care
    The parent the child lives with
    Access
    The parent the child does not live with

    Suitable when: one parent cannot care for the child every day but wants to keep a say in major decisions.

    WhatsApp us

    The court rarely makes this kind of order, and generally considers it only in special circumstances.

    A child doing homework with his father at home while the mother joins on a video call
On an access day, a parent meets their child
Access

Three kinds of access arrangement

How does the parent who does not live with the child see them? Unless there is a reason to protect the child, the court will generally allow the other parent access.

Reasonable access

How it is set

No times stated; both sides arrange it around the child’s routine.

Suitable when

You can still communicate well.

Things to note

If the relationship worsens, it is easy to argue over what “reasonable” means.

Defined access

How it is set

State which days of the week, which hours, where the handover takes place, and how long holidays are divided.

Suitable when

Communication is difficult, so clear rules are needed.

Things to note

If life changes later, you may need to apply for a change.

An example of defined accessFor illustration only; every family is different

Wednesday after school until dinner

Long holidaysSummer · half eachChristmas · alternate yearsLunar New Year · alternate yearsEaster · half each

Supervised access

How it is set

Takes place with a third party present, or at a designated centre.

Suitable when

Needed to keep the child safe, or when the two have not met for a long time and the relationship must be rebuilt slowly.

Things to note

Usually a temporary arrangement, to be reviewed as things improve.

  • The child’s interests come firstEvery arrangement puts the child’s daily life and feelings first.
  • Can be agreed or set by the courtIf you can agree, you can make the agreement yourselves; if not, the court decides.
  • Can apply for a change if circumstances changeAs the child grows or life changes, you can apply to change the arrangement.
WhatsApp us

Access is often discussed together with the child’s living costs; see Maintenance.

Application process

Five steps to applying for custody

From the first conversation to after the order is made: what happens at each step and what to prepare, explained up front.

  1. Line illustration: a dedicated consultant and a parent talking over an open folder
    Step 1

    Free initial consultation

    30 minutes to understand the child’s current life, what each parent wants, and what is in dispute.

  2. Line illustration: a folder
    Step 2

    Organising the children’s arrangements

    Home, school, care time and access proposals, organised into a clear plan for the children.

    To prepare
    • Housing arrangements
    • School details
    • Care timetable
  3. Line illustration: a pair of scales
    Step 3

    Negotiation or mediation

    What you agree can be put in an agreement; what you cannot agree can be tried again through family mediation.

  4. Line illustration: documents delivered to a front door
    Step 4

    Filing and Social Welfare Department report

    If there is a dispute, the court may ask a Social Welfare Department social worker to write a report for the court.

    To prepare
    • Court filing documents
    • Cooperating with the social worker’s home visit
  5. Line illustration: documents with a stamp
    Step 5

    After the order

    If life changes significantly, you can apply to change the custody order. If the other parent does not comply, you can apply to the court to enforce it.

Common situations

Four of the situations we meet most often.

1 / 4
Sun Mood in numbers

Divorce procedure, by the numbers.Every number is a family that went the whole way.

  • Line illustration of years of divorce experience
    010+years of divorce experience
  • Line illustration of clients served
    020+clients served
  • Line illustration of the usual time needed for an uncontested divorce
    030monthsor so: the usual time needed for an uncontested divorce
  • Line illustration of a reply within hours, usually the same day
    040hoursto reply, usually the same day
FAQ

Child custody FAQ:Know the basics before you start.

Sun Mood dedicated consultant
Not sure where to start?

Every case begins with a no-pressure conversation. We listen to your situation, answer in plain language and help you decide your next step.

  • With joint custody, both parents make major decisions together. With sole custody, one parent leads on major decisions; the other parent is generally still kept informed and has access.

  • Under the law, parents’ rights are equal. The court does not decide by gender; it looks at which arrangement best serves the child’s interests.

  • The law sets no fixed age. The court considers a child’s wishes according to the child’s age and understanding, but the child’s interests come first in the end.

  • Yes. If there is a major change in the child’s or a parent’s circumstances, either parent can apply to the court for a change.

  • They can be agreed between you, or set by the court according to the child’s routine. Defined access sets out the days, time slots and long-holiday arrangements.

  • Keep records first. Where there is an order, you can apply to the court to enforce it; where there is none, you can apply for access arrangements to be set.

  • You need the other parent’s written consent or the court’s permission, and an undertaking to bring the child back to Hong Kong on time.

  • You can apply to the court for an injunction and send the order to the Immigration Department, which helps prevent the child leaving. In some cases, wardship may also be considered.

  • The child’s best interests are again the first consideration. A father can apply to the court for the relevant rights.

  • In certain circumstances, yes. Generally the application must be made to the court by the Social Welfare Department on their behalf, not directly by relatives; the court likewise puts the child’s interests first.

  • The parents share them according to their financial means. See the Maintenance page on this website.

  • 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.

Book a consultation

Book a consultation:A free 30-minute first chat.

  • Free 30-minute first consultation
  • Strictly confidential
  • Reply within three hours, usually the same day
Call us
Sun Mood dedicated consultant
Dedicated consultantCantonese / Mandarin / English · Reply within three hours

WhatsApp will open with your message already filled in; just check it and send. To see how we handle your personal data, please read our Privacy Policy.

Contact us

Every new chapterbegins with one conversation.