Calls grow for end to child custody clashes

Pressure is mounting for implementation of a reform recommended eight years ago to end custody disputes between divorcing parents.

The Law Reform Commission proposed in 2005 that the term "child custody" in family law be replaced with "parental responsibility", a non-absolute concept that cannot be fought over in the courts and that is designed to save parents time and money by avoiding legal disputes.

A public consultation on the proposal was launched in December 2011 and it was discussed in the Legislative Council on July 8, but the government has yet to confirm a timetable for its introduction.

In its Legco paper, the government said: "It will take some time to sort out the legislative details and implementation arrangements to ensure consistency among different relevant ordinances."

The potential bitterness in such disputes was illustrated last month, when a mother called the police after she found that her divorced husband had taken their two sons back to their home in Spain. She accused him of breaching a custody order.

Lawyers and counsellors say the existing law is outdated and that Hong Kong has fallen behind the West in not changing it.