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THE LAW REFORM COMMISSION OF HONG KONG - page 134 / 360

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“A person must not, contrary to the order:

(a)remove the child from the care of a person; or

(b)refuse or fail to deliver or return the child to a person; or

(c)interfere with the exercise or performance of any of the powers, duties or responsibilities that a person has under the order”.

5.17In the case of a contact order, section 65N(2) provides that:

“ A person must not:

(a)hinder or prevent a person and the child from having contact in accordance with the order; or

(b)interfere with the contact that a person and the child are supposed to have with each other under the order”.

5.18As regards a specific issues order, section 65P(2) provides that a person “must not hinder the carer in, or prevent the carer from, discharging that responsibility.”

Orders by consent in favour of non-parent

5.19Section 65G(2) sets out special conditions for making residence orders or specific issues orders by consent in favour of non-parents.  The court must not make the proposed order unless:

“(a)these conditions are satisfied:

(i)the parties to the proceedings have attended a conference with a family and child counsellor or a welfare officer to discuss the matter to be determined by the proposed order; and

(ii)the court has considered a report prepared by the counsellor or officer about that matter; or

(b)the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though the conditions in paragraph (a) are not satisfied.”

5.20Section 63B places the importance of settlement and agreement on a statutory basis.  It encourages the parents of the child:

“(a)to agree about matters concerning the child rather than seeking an order from a court; and

 (b)in reaching their agreement, to regard the best interests of the child as the paramount consideration”.

Parenting plan

5.21Section 63C(1) defines a parenting plan as:

“an agreement that:

(a)is in writing; and

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