Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
Published online by Cambridge University Press: 31 January 2019
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Summary
As a famous centre of tailoring expertise, Hong Kong is well versed in cutting our coats to suit our cloth. Family mediation provides a process option which is both tailored and responsive for Hong Kong families experiencing the transition through family separation. Hong Kong family mediation practice to help parents construct new realities for their children has evolved to take into account the cultural context in Hong Kong and the legal parameters of family law.
In Hong Kong, a family mediator may work with married parties as they divorce or separate to make arrangements in respect of their children and finances (asset division, spousal maintenance (if any) and children's maintenance). For unmarried parties, it is not unusual for family mediators to work with parents in relation to their children and any joint assets/child maintenance arrangements. In either case, the court will consider the arrangements for children and, if approved, these will be converted into consent orders both in relation to custody/access and also maintenance. For married parties the financial arrangements (asset division/spousal maintenance (if any)) will also be turned into a separate consent order in respect of finances. Therefore, the legal framework in Hong Kong informs and delineates the parameters for the work of family mediators.
How does the legal and cultural landscape in Hong Kong shape the experience of parties in family mediation when seeking to resolve arrangements for their children? Although society and family life is changing, Hong Kong's legislation regarding custody and access remains the same, and recent attempts to modernise the regime in respect of children have met with resistance (section 1). This has led to stasis in the law affecting children in Hong Kong and has directly impacted the way in which family mediators must work with parties.
The peculiar circumstances of Hong Kong's history and population, and the existing legal framework have produced a unique blend of modernity and anachronism (section 2). What do mediators need to take into account when supporting families through transition, and how do these considerations impact the practice of family mediation in Hong Kong in relation to arrangements for children? (section 3).
- Type
- Chapter
- Information
- International Survey of Family Law 2018 , pp. 221 - 252Publisher: IntersentiaPrint publication year: 2018