OVERCOMING OBSTACLES TO THE REFORM OF CHILD CUSTODY LAWS: INTEGRATING THE CONCEPTUAL AND THE PRACTICAL
Publication in refereed journal

香港中文大學研究人員

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摘要The Law Reform Commission published its proposals for reform of child custody laws in 2005, recommending that the existing system of "custody" be replaced by "parental responsibility". Since then, despite a public consultation process concluded in 2011, the outcome of which was generally supportive of the proposals for reform, the Administration has not yet introduced draft legislation. One reason given for this is the concern expressed by some consultees regarding the ongoing nature of parental responsibility of both parents towards their children, even after divorce, and the opportunity this presents for ongoing hostility and abuse between parties. However, those risks, while real, are not specific to a framework of parental responsibility and should not hinder its replacement of the outdated custody model. Instead, reform of child custody in Hong Kong should operate at two integrated levels: the conceptual, introducing parental responsibility, and the practical, establishing measures to be taken to address the need to diminish hostility and abuse and assist parents in moving towards co-operative parenting for the benefit of their child(ren).
著者Scully-Hill A
期刊名稱Hong Kong Law Journal
出版年份2014
月份1
日期1
卷號44
出版社SWEET MAXWELL LTD
頁次371 - 389
國際標準期刊號0378-0600
語言英式英語
Web of Science 學科類別Government & Law; Law

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