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THE LAW REFORM COMMISSION OF HONG KONG - page 330 / 360

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Residence order

15.36We recommend that legislation provide for a residence order. (Paragraph 6.80)  

Definition of residence order

15.37We recommend that the definition of a residence order incorporate a reference to the parent in whose favour the order is made having responsibility for “the day-to-day care and best interests of the child”.  We recommend that the definition, adapted from section 8(1) of the Children Act 1989, would be “a residence order is an order settling the arrangements as to the person with whom a child is to live and who has the day-to-day care and best interests of the child.” (Paragraph 6.83)

Non-parents

15.38We consider section 12(2) of the Children Act 1989, which provides that if a residence order is made in favour of a non-parent then he is granted parental responsibility, to be a useful provision.  We recommend enactment of a similar provision in Hong Kong.1372 (Paragraph 6.84)

Contact order

15.39We recommend the adoption of a provision on the lines of the Scottish definition of the contact order.1373  We also recommend that this proposed section provide that the contact parent would have the right to act independently for the day-to-day care of the child when he is exercising contact with the child.1374 (Paragraph 6.87)

Specific issues order

15.40We recommend that a provision on the lines of the English definition of the specific issue order in section 8(1) of the Children Act 1989 be enacted.1375 (Paragraph 6.90)

Prohibited steps order

15.41We recommend that a provision on the lines of the definition of prohibited steps orders in section 8(1) of the Children Act 1989 be enacted.1376 (Paragraph 6.92)

1372 See Annex 1.

1373 See Annex 1 infra.

1374 See Annex 1.

1375 See Annex 1.  We prefer the term “specific issues”, as used in the Australian legislation, rather than “specific issue”.

1376 See Annex 1.

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