How to apply for orders for custody and maintenance under s.10 Guardianship of Minors Ordinance, Cap. 13

Who may apply under s.10 Guardianship of Minors Ordinance, Cap. 13?

1. Either of the parents of a minor (who may apply without next friend); or
2. The Director of Social Welfare.

What custody orders may be granted under s.10 Guardianship of Minors Ordinance, Cap. 13?

1. an order regarding the custody of the minor;
2. an order regarding the right of access to the minor of either of his/her parents.

What maintenance orders may be granted under s.10 Guardianship of Minors Ordinance, Cap. 13?

The Court may make one or more of the following orders that it thinks reasonable, having regard to the means of the respondent parent:

1. an order for lump sum payment (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order to be met, or for both.
2. an order for periodical sum payment towards the maintenance of the minor.
3. an order requiring the securing to the applicant by such parent or either of such parents, to the satisfaction of the Court, of such periodical sum towards the maintenance of the minor.
4. an order requiring the transfer of property to the applicant for the benefit of the minor, or to the minor, by such parent or either of such parents.
5. an order requiring the settlement for the benefit of the minor, to the satisfaction of the court, of such property, being property to which such parent or either of such parents is so entitled.

What are the application procedures?

You have to attend the Family Court Registry to file the application by way of an originating summons. The prescribed form of an originating summons (being Form 10 in the Rules of the High Court (Cap 4A)) is obtainable at the Family Court Registry. You are required to file a supporting affirmation/affidavit at the same time when issuing the originating summons. The general affidavit/affirmation form is also obtainable at the Family Court Registry.

The originating summons and the supporting affirmation/affidavit have to be served on the respondent.

What information is required for the affirmation/affidavit in support of the application under s.10 Guardianship of Minors Ordinance, Cap. 13?

In the supporting affirmation/affidavit for any order sought under s.10 Guardianship of Minors Ordinance, Cap 13, you must provide all the details and relevant information for the Court to consider. If your application relates to custody of and/or access to the minor, the following particulars are normally required:

1. The residential address(es) of the applicant since the birth of the minor.
2. The residential address(es) of the respondent since the birth of the minor.
3. The residential address(es) of the minor since his/her birth.
4. The age, date of birth and marital status of the applicant.
5. The age, date of birth and marital status of the respondent.
6. Apart from the minor, does the applicant have any other child(ren)?
7. Apart from the minor, does the respondent have any other child(ren)?
8. Particulars of every person whose interest may be affected by the application and his/her relationship to the minor.
9. Particulars of every person who has been / is going to be involved in the care of the minor.
10. Whether there are or have been any other proceedings in any court, tribunal or authority in Hong Kong or elsewhere relating to the parentage, custody, care and control, the guardianship of the minor, and if so,
    1. particulars of the proceedings, including the court, tribunal or authority before which they were begun, the case number and their nature, outcome or present state; and whether there is any order granted under any such proceedings;
    2. the date they were begun;
    3. the names of the parties; and
    4. the date or expected date of any trial in the proceedings.
11. Current arrangement of the minor:
    1. state where and with whom the minor is living at present.
    2. state the school or other educational establishment which the minor is attending or, if he/she is working, his/her place of employment, the nature of his/her work and details of training he/she is receiving.
    3. state who is financially supporting the minor or contributing to his/her support and the extent thereof at present; and the source of such financial provision.
    4. state whether there is any access arrangement at present.
    5. state for how long current arrangement of the minor has been in place.
12. Future arrangement of the minor in the event the order is granted:
    1. state where and with whom the minor will be residing upon the granting of the order;
    2. state whether there is any future education plan for the minor;
    3. state who will be providing financial support to the minor and the source of such financial provision;
    4. state whether any access arrangement will be made upon the order is granted.

What will the Court consider?

The Court shall regard the best interests of the minor as the first and paramount consideration. The Court may also consider the conduct and wishes of the parents.

How do you effect service of the originating summons (and the supporting affirmation/affidavit)?

You must arrange for a sealed copy of the originating summons together with the supporting affirmation/affidavit be served on the respondent, either by hand or by post.

Procedure flowchart

Step 1 — Decide what orders you seek

You should consider what specific orders you intend to seek, namely, custody, access and/or maintenance.

Step 2 — Prepare your documents

You should prepare an originating summons together with a supporting affidavit/affirmation with exhibits (documentary evidence in support of the application).

Step 3 — File at the Family Court Registry

You have to file the originating summons and supporting affidavit/affirmation, together with all the exhibits at the Family Court Registry. Upon filing of the originating summons and supporting affidavit/affirmation, a hearing date will be given for all parties to appear before the Court.

You should keep sealed copies of these documents for service on the respondent.

Step 4 — Serve on the respondent

You should serve the originating summons and supporting affidavit/affirmation, together with all the exhibits on the respondent.

You should keep the proof of service and file an affidavit/affirmation of service at the Family Court Registry to prove proper service of these documents before the date fixed for hearing your application.

Step 5 — Attend hearings / directions

At the hearing, you should be ready to address the Court on the minor’s welfare and your proposed orders, and if you are seeking maintenance for the minor, the financial needs of the minor, and the financial needs and resources of both yourself and the respondent.

It is not necessary for the minor to attend the hearing.

What would happen in the hearing?

During the hearing, the Court may grant the appropriate orders or give further directions and adjourn the hearing to another date for further consideration, such further directions may include further evidence be filed or a Social Investigation Report be prepared by the Social Welfare Department for the Court to consider.

What if the parties consent to the application?

If the respondent consents to the application, you and the respondent may file a consent summons to the Court for the court’s consideration and approval. A general consent summons form is obtainable at the Family Court Registry.

You have to note that even if all the parties consent to the application, the Court may still decide to deal with your application at the hearing or give further directions, if necessary. Hence, unless you have received a clear written direction from the Court that you need not attend the hearing, you should attend the hearing punctually.

Where can you obtain legal advice?

You will find it helpful to seek legal advice before making the application. In seeking legal advice, you may wish to take advantage of the Legal Aid Scheme administered by the Legal Aid Department (Tel: 2537 7677) or alternatively choose your own solicitor. For details, please refer to the “How to Apply for Legal Aid in Civil Cases” leaflet which is available at all Courts, Legal Aid Department office and Public Enquiry Service Centres in District Offices.

Please note that while the staff of the Family Court Registry will endeavour to give you every assistance relating to the application procedures, they are not lawyers and they are not permitted to offer legal advice or to fill in the required forms for you.

The Duty Lawyer Service’s free Legal Advice Scheme provides members of the public with preliminary legal advice including family law in District Offices.

What are the fees payable?

The filing fee for an originating summons is HK$630.

How to contact us?

Family Court Registry

Address:

M2 Floor, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong

Telephone:

2840 1218

Facsimile:

2523 9170

Business Hours

Monday to Friday

8:45 a.m. to 1:00 p.m.
2:00 p.m. to 5:30 p.m.

(Closed on Saturdays, Sundays and Public Holidays)

Typhoon and Rainstorm Warning Arrangements

Please refer to Typhoon and Rainstorm Warning Arrangements in the Judiciary website or radio/television announcements of the same.