Keeping a co-parenting record in Hong Kong

Separated parents in Hong Kong can keep their own dated record of care, visits and shared costs, in a notebook or an app; we found no official form for one. The terms to know are custody (管養, the power to make important decisions about a child), care and control (the child's daily care) and access (探視, the right to keep in contact).

The terms to know

Custody (管養)

The power to make important decisions about a child's upbringing. Under a sole custody order, one parent has daily care and control as well as those decisions, and the other parent usually keeps access. Under a joint custody order, both parents keep the right to decide important matters and should discuss them.

Care and control (照顧和管束)

The child's daily care. It usually goes to one parent, even under a joint custody order. Government papers use 照顧和管束; the Chinese text of the Guardianship of Minors Ordinance uses 照顧和看管.

Access (探視)

The right to keep in contact with the child. The court can order access alongside custody, and it is usually granted to the parent without custody.

Maintenance (贍養)

Financial support for a child. Under the Guardianship of Minors Ordinance the word includes education, and the court can order periodical payments or a lump sum.

Where cases are heard

A divorce petition is filed at the Family Court Registry in Wan Chai. Under the Guardianship of Minors Ordinance (Cap. 13), either parent can also apply for orders on custody and access, and the court there means the District Court or the Court of First Instance.

In a case about a child's custody or upbringing, the court must treat the child's best interests as the first and paramount consideration. It gives due consideration to the child's views where practicable and to any report from the Director of Social Welfare (Cap. 13, section 3). A mother and a father have equal rights and authority, and neither has the better claim simply for being the mother or the father. The position is different for a child born outside marriage: the mother has parental rights, and the father has only what a court gives him on application.

If you divorce with a child under 18, your petition must include your proposal on custody and access. When parents disagree, the Family Court uses Children's Dispute Resolution (Practice Direction 15.13) unless it directs otherwise. It starts with a Children's Appointment, for which each parent files a Children's Form and a concise statement of issues, and the judge can direct reports such as a Social Investigation Report. A Children's Dispute Resolution hearing can follow, where the judge acts as a conciliator.

Mediation and help before court

The Judiciary describes family mediation as a voluntary process in which a trained, impartial mediator helps parents reach their own agreements about children and money. The Integrated Mediation Office takes enquiries.

Voluntary does not mean the court ignores it. Under Practice Direction 15.10, the court encourages mediation, a Certificate as to Family Mediation is filed at the start of a case, and an unreasonable failure to engage can count when the court decides costs. What happens in mediation is protected as without prejudice communication.

The Social Welfare Department set up five Specialised Co-parenting Support Centres in October 2019. They are free, you can contact one directly, and they serve separated and divorced parents who find it hard to agree on a child's living, care and contact arrangements.

Keeping your own record

Your record is for you first, whether or not you ever go to court. Note the date and time, who was there and what happened: handovers, changed or missed access, school and medical matters, and shared costs with their receipts. Stick to what you saw and heard.

It helps most when you have to put things in order. A Family Court case can call for a concise statement of issues, a brief chronology and a detailed Statement of Proposals about the children's future arrangements. Your record is not simply handed in: beyond an affirmation supporting a summons, further affirmations need the court's leave, and the judge can limit them to the issues in dispute. A lawyer can help you choose what matters.

Take care at a Children's Dispute Resolution hearing. Unlike mediation, it is not privileged: anything said there can be used as evidence at trial, and the same judge may hear the case.

No app decides how much weight a court gives a record. As a general guide, it helps to write things down close to when they happened, to keep the whole picture and not only the difficult days, and to keep anything independent that supports it. If you are thinking of recording calls or conversations, get local legal advice first.

Step by step: keeping a journal you will actually maintain | tracking shared expenses

What has changed recently

Hong Kong still uses custody and access. A draft Children Proceedings (Parental Responsibility) Bill, prepared in 2015 to move to a joint parental responsibility model, was shelved after objections. In March 2025 the Government told the Legislative Council that it should not force the legislative process to resume. A later information paper says a public education program is planned for 2026, after which the Government will consider whether to reintroduce the proposal.

The Government also told the Legislative Council that the court has in recent years been making judgments based on the principle of joint parental responsibility.

The current Practice Direction 15.13 took effect on 15 May 2023.

Official resources

• Guardianship of Minors Ordinance (Cap. 13), Hong Kong e-Legislation
• How to Apply for a Divorce, Hong Kong Judiciary
• Family Court practice directions, Hong Kong Judiciary
• Practice Direction 15.13: Children's Dispute Resolution
• Practice Direction 15.10: Family Mediation
• Custody of children in Hong Kong, Department of Justice
• Co-parenting information, Social Welfare Department

Frequently asked questions