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THE LAW REFORM COMMISSION OF HONG KONG - page 135 / 360

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(b)is or was made between the parents of a child; and

(c) deals with a matter or matters mentioned in subsection (2).”

5.22Section 63C(2) provides that a parenting plan may deal with:

“(a)the person or persons with whom a child is to live;

 (b)contact between a child and another person or other persons;

 (c)maintenance of a child;

 (d)any other aspect of parental responsibility for a child.”

Provisions of a parenting plan which deal with any of points (a), (b) and (d) are “child welfare provisions.609  Provisions of a parenting plan that deal with point (c) are “child maintenance provisions.”610

5.23Parenting plans may not be varied, but may be revoked by a later agreement.611  In order to revoke the plan, the subsequent agreement must be in writing and registered with the court.612  Parenting plans may themselves be registered with the court, in compliance with the procedure laid down by Rules of Court.613  The application must be accompanied by a copy of the plan, the information required by the Rules of Court, and:

“(i)a statement, in relation to each party, that is to the effect that the party has been provided with independent legal advice as to the meaning and effect of the plan and that is signed by the practitioner who provided that advice; or

(ii)a statement to the effect that the plan was developed after consultation with a family and child counsellor ... and that is signed by the counsellor.”614

Death of parent with whom child lives

5.24Section 65K deals with what happens when a parenting order that  includes a residence order does not make provision for the death of the parent with whom the child lives.  In such circumstances, the surviving parent cannot require the child to live with him or her, but can apply for an appropriate residence order to be made.

609 Section 63C(4).

610 Section 63C(5).

611 Section 63D(1) and (2).

612 Section 63D(3).

613 Section 63E(1) and (2).

614 Section 63E(2).

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