About the book
Since its original publication in 2010, Family Court Practice has become a required reading for lawyers and judges engaged in family practice at all levels in Hong Kong (Family Court, High Court, and Court of Final Appeal). Being a comprehensive, practical, and critical account of the law drafted from the viewpoint of experienced practitioners, this book contains the only one-stop comprehensive collection of primary sources (Practice Directions, Ordinances, subsidiary legislation, and international law), and practice and procedure checklists. It also includes precedents, ancillary relief tables, lists of leading cases, and useful websites arranged by subject.
What’s key in this title
This edition covers major decisions, statutory updates, and practice directions since 2020 that are critical for practitioners in matrimonial law in Hong Kong, including:
- The Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap 188), and the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap 639);
- The Family Procedure Bill on procedural reforms for the family justice system;
- The Children’s Proceedings (Parental Responsibility) Bill seeking to address changes in custody, care and control rights and the relevant procedures; and
- Notable decisions including but not limited to:
- Interlocutory applications under PD 4.1 and PD 15.11;
- Child abduction, wardship proceedings and Hague proceedings;
- A rare example wherein costs were awarded following a trial relating to children matters;
- Ancillary relief matters where children are involved;
- Surrogacy, parental orders, and the respective rights;
- Third party interests in a landed property;
- Third party and/or litigation funding against the backdrop of legal principles relating to champerty and maintenance;
- The underlying costs implications should parties wish to appeal against a decision, including those of an interim nature;
- Civil contempt, committal proceedings and enforcement of court orders, such as a Hadkinson order;
- Same-sex marriage and the relevant legal principles on fundamental rights of marriage, including recent developments relating to Articles 4, 10, 11, 14, 16 and 22 of the Hong Kong Bill of Rights Ordinance (Cap 383);
- Wardship and custody rights in same-sex relationships;
- Modes of services and remote hearings in response to COVID-19; and
- Smart contracts and blockchain technology in the context of matrimonial law.
