X hits on this document

Word document

THE LAW REFORM COMMISSION OF HONG KONG - page 356 / 360

1286 views

0 shares

0 downloads

0 comments

356 / 360

Family proceedings

15.The recommended draft section dealing with family proceedings based on section 10(1) of the Children Act 1989 will provide:

“(1)In any family proceedings in which a question arises with respect to the best interests of any child, the court may make a section 8 order with respect to the child if:

(a)an application for the order has been made by a person who:

(i)is entitled to apply for a section 8 order with respect to the child; or

(ii)has obtained the leave of the court to make the application; or

(b)the court considers that the order should be made even though no such application has been made.”

Right of third party to apply

16.The recommended draft section dealing with the right of a third party to apply, based on section 10(5)(b) and (10) of the Children Act 1989, will provide:

“(5) The following persons are entitled to apply for a residence or contact order with respect to a child:

(b) any person with whom the child has lived for a period of at least one year;

(10)The period of one year mentioned in subsection (5)(b) need not be continuous but must not have begun more than three years before, or ended more than three months before, the making of the application.”

How the views of the child are expressed

17.The recommended draft section dealing with how the views of the child are expressed,  based on section 68G(2) of the Australian Family Law Act 1975, will provide:

“(2)The court may inform itself of views expressed by a child:

(a)by having regard to anything contained in a report given to the court; or

(b)subject to the Rules of Court, by such other means as the court thinks appropriate”.1395

1395 This would deal with separate representatives.

Document info
Document views1286
Page views1286
Page last viewedSat Jan 21 06:49:27 UTC 2017
Pages360
Paragraphs4973
Words145151

Comments