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Relocation disputes are among the most challenging issues families face following separation or divorce.
The Hong Kong chapter of the Chambers Child Relocation 2025 Global Practice Guide, authored by family law specialists Jocelyn Tsao and Philippa Hewitt, examines how courts determine whether a parent may relocate a child overseas, the factors influencing such decisions, and the safeguards available to protect children's welfare.
Drawing from the chapter, here are eight key takeaways for parents considering or opposing relocation.
1. The child's best interests come first
Every relocation case turns on one paramount question: what outcome best serves the child's overall welfare; emotionally, physically and educationally. All other factors, including the parents' wishes, are secondary to this guiding principle.
2. Consent or court permission is required
A parent cannot unilaterally move a child out of Hong Kong. Relocation requires either the other parent's written consent or, if that cannot be obtained, permission ("leave") from the court.
3. A well-considered plan strengthens the case
Courts look favourably on parents who present a clear, realistic plan covering housing, schooling, family support and financial arrangements in the destination country. Genuine motivation and thorough preparation carry significant weight.
4. The child's voice matters
The child's wishes and feelings are carefully considered; especially for older or more mature children. Judges may rely on social welfare reports or even meet children directly to understand their views.
5. Keeping siblings together is a priority
The family court will generally strive to ensure siblings remain together when relocation is granted, recognising that sibling bonds provide vital emotional support during periods of change.
6. Regular contact must be preserved
Loss of contact with the "left-behind" parent is a serious concern. Where relocation is approved, the court will often set safeguards such as regular video calls, holiday visits and undertakings to encourage ongoing parental involvement.
7. Not every reason justifies a move
Financial or lifestyle advantages alone may not suffice. Applications that appear poorly thought-out, overly disruptive, or motivated by a desire to limit contact with the other parent are likely to be refused.
8. Mediation can offer a faster, kinder path
Although relocation cases are emotionally charged, mediation can help parents reach a workable agreement. Skilled mediators often assist families in setting detailed contact and travel arrangements, reducing delay and stress for all parties; especially the children.
Navigating relocation decisions
Relocation cases require a delicate balance between parental rights and a child's welfare. Hong Kong courts take a pragmatic yet child-centred approach, weighing each family's circumstances carefully. Parents contemplating relocation, or facing an application, should seek early legal advice to understand their options, prepare realistic plans, and keep the child's best interests at the heart of every decision.
To read the complete Hong Kong chapter of the Chambers Child Relocation 2025 Global Practice Guide, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
