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THE LAW REFORM COMMISSION OF HONG KONG - page 3 / 360

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THE LAW REFORM COMMISSION OF HONG KONG

SUB-COMMITTEE ON GUARDIANSHIP AND CUSTODY

CONSULTATION PAPER

CONTENTS

Chapter

Introduction

Terms of reference

Scope of the reference

Private law and public law

The sub-committee

Membership and method of work

Format of the Consultation Paper

Part I - Substantive Law and Practice

1.Background to the Present Law

Introduction

Role of the State

Bill of Rights Ordinance (Cap 383)

United Nations Convention on the Rights of the Child

Parental rights

Children’s rights

Divorce as a complex process

Stages of divorce

Impact of the divorce on children

Effect of access on child’s adjustment to divorce

Long term harm caused by divorce

Conclusions from research

Joint custody

2.Current Law and Practice in Hong Kong

Part A  -  Current legislation

a)  Guardianship of Minors Ordinance (Cap 13)

    Definition of terms

Legal effect of custody orders

Applications for custody and access

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