In Around DB magazine’s November 2021 issue, Jaerey Velasco wrote an article about the timely issue of child relocation during COVID-19 pandemic. In this article, she noted that some families relocate out of Hong Kong to return to their home country for security, employment, and other reasons.
Jaerey provided a walk-through of the law on application to relocate children out of Hong Kong.
Overview of Hong Kong Law
When divorce proceedings begin, any child of the marriage comes under the jurisdiction of the Hong Kong Courts. At that stage, the Court commonly issues directions regarding the children’s care and may order that they must not be removed from Hong Kong without prior consent from either the Court or the other parent.
If one parent intends to move abroad permanently or even temporarily, they must first obtain either the other parent’s written consent or permission from the Court.
In situations where the other parent does not agree, the relocating parent will need to file an application with the Family Court explaining their reasons and setting out the proposed relocation plan. The other parent is then given the opportunity to respond and explain why they object.
To assist in decision‑making, the Court typically requests a Social Investigation Report prepared by a Social Welfare Officer. This report involves interviews and assessments of both parents and the children and includes recommendations on what arrangement would be in the children’s best interests. Where appropriate, the Court may also direct a psychological assessment to clarify emotional or developmental considerations.
The Court can also convene a Children’s Dispute Resolution (CDR) hearing. In this session, a Judge acts as a mediator, guiding both parties to reach an agreement on matters concerning the children, including relocation. If no settlement is reached during the CDR, the application proceeds to trial where the Court reviews evidence, hears arguments from both sides, and issues a judgment.
How the Court Assesses Relocation Applications
The guiding principle in all relocation cases is that a child’s welfare is paramount. This principle was reinforced in the English case Payne v Payne, which continues to influence Hong Kong Courts.
When evaluating an application for relocation, the Court considers several factors, including:
- the motivation and sincerity of the parent seeking to relocate;
- how realistic and reasonable the proposed plan is;
- the potential impact on the child if the primary caregiver’s life would be seriously disrupted; and
- the consequences for the child of reduced contact with the parent remaining in Hong Kong.
Judges also review the factors listed under the “Welfare Checklist”, which ensures that every decision is made with the child’s long‑term wellbeing at heart.
Planning to Relocate
If you are considering relocating from Hong Kong with your child, it is essential to plan carefully and present a proposal that genuinely supports your child’s best interests. The Court will expect to see thoughtful preparation and transparency.
Your plan should describe details of the proposed destination — for example, where you intend to live, schooling arrangements, transportation, and opportunities for the child’s development. An equally important element is how regular contact between the child and the parent remaining in Hong Kong can be maintained, whether through visits, calls, or other consistent means of communication.
Ultimately, the Court’s primary concern is the child’s welfare. Relocation applications are generally approved when the parent can show that the move is genuine, well‑researched, and designed to enhance the child’s stability and wellbeing.
If you have any questions regarding the above, do not hesitate to reach out to Jaerey Velasco at jaerey.velasco@paynevelasco.com or call +852 2527 9538.
