Understanding Child Relocation With Payne Velasco

Are you separated or divorced and considering relocation with your children? If a parent wishes to relocate with the children, either permanently or temporarily, they must obtain consent from the other parent or file an application with the court, say Hong Kong’s leading lawyers Payne Velasco.

Ensure the relocation arrangements go smoothly by making an appointment with them!

If you leave Hong Kong without consent, you maybe seen as wrongfully removing the child and the other parent may make an application under the Hague Convention and seek the return of the child to Hong Kong.

Similarly, if the other parent consents for you to go on holiday, then suddenly you decide not to come back to Hong Kong, then the other party may make an application under the Hague Convention.

What if the other parent disagrees with the relocation?

In such cases, the relocating parent needs to apply to the Family Court outlining their reasons and plans for relocating the children. The opposing parent will have an opportunity to present their reasons for opposing the relocation and provide counterarguments.

For relocation applications, the Court looks at what is in the best interest of the child. There is a four-step test for judges to follow when considering an application for leaver to remove the child from the jurisdiction:

1/ Is the relocating parent’s application genuine, without a selfish desire to exclude the other parent for the child’s life?
2/ If the application passes the initial test, the Court assesses the opposing parent’s reasons: are they genuinely concerned abut the child’s welfare, or are there ulterior motives? What would be the extent of the detriment to the opposing parent’s future relationship with the child if the application is granted?
3/ What would be the impact on the relocating parent, either as a single parent or as a new spouse, if the realistic proposal for relocation is refused?
4/ The outcome of the second and third appraisals must then be brought into an overriding review of the child’s welfare as the paramount consideration, directed by the statutory checklist as appropriate.

The Court may also facilitate a Children’s Dispute Resolution hearing, where the Judge acts as a conciliator to help the parties reach a settlement regarding the relocation application. If no agreement is reached during this time, a trial will take place.

Let Payne Velasco negotiate your child relocation options with ease.