Children’s Arrangements in Hong Kong Divorce: Custody, Care and Control

Custody, care and control, access — what the terms mean

Custody is the right to make major decisions about the child’s upbringing — it may be sole or joint. Care and control concerns the child’s day-to-day living; access is the time the child spends with the other parent, which can be defined (fixed schedule) or reasonable (flexible).

The Form 2B statement and the CDR track

The Statement as to the Arrangements for Children (Form 2B, or 2D in a joint application) is filed with the petition and sets out residence, schooling, maintenance and access. If the parents cannot agree, the case proceeds on the Children’s Dispute Resolution track, where the court encourages a parenting plan covering living arrangements, time with each parent, schooling and travel.

Custody orders: agreed, contested and interim

Where terms are agreed, a consent custody, care, control and access order records them. Where they are not, the court makes the order after hearing the parties. Interim orders hold the position until the final hearing. Each exists in Matrimonial, Unmarried and Joint Application variants.

In cases involving domestic violence, the court can also grant injunctions under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189), and the catalogue includes the corresponding draft orders.