• news-banner

    Expert Insights

“You have a reason to leave this place, but I don’t.” – Ji-Yeong, Squid Game

During the Christmas and New Year holidays, Netflix fans may opt to watch (or re-watch) the popular series, Squid Game, whereby Seong Gi-Hun chooses to participate in the game after feeling he had no say in his daughter’s relocation to the USA. If he had taken advice from a family lawyer before choosing to participate, the outcome may have been very different.

In Hong Kong, the law protects parents who find themselves in a similar situation to Gi-Hun. If one parent wishes to permanently relocate with their child to the disagreement of the other parent, an application should be issued with the court, forthwith.

Following a divorce, parents are often granted with “joint custody”. This means that all major decisions concerning their children’s lives, such as their education, medical, religion, and permanent relocation, will require both parties’ consent. Even if “sole custody” is granted to one parent, this does not provide them with carte blanche over their children. The non-custodial parent still retains the right to be consulted on all matters affecting their children and to issue an appropriate application with the court, whenever necessary. This applies for unmarried partners as well. Even if an unmarried father has yet to apply for parental rights over their child, the mother should issue a proper application to the court for relocation, instead of taking the matter into her own hands.

As this is a life-changing experience for the family, the court will not treat such an application lightly. Other than a child’s best interests being their paramount concern, the court will also reflect on the impact on the respective parents. The proposals put forward in support of the relocation should be realistic and well-researched. The respective party’s motivation for and against the relocation will also be heavily scrutinised. Applications issued with a desire to exclude the stay-behind parent from a child’s life will not be granted. Access arrangements between the child and the stay-behind parent should, also, be carefully thought out.

If a child is removed or retained from their habitual residence of Hong Kong to a foreign jurisdiction by one parent, the stay-behind parent may apply for assistance in securing the return of the child by triggering abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.

Whilst Gi-Hun performed well in the game, it came at great personal cost. Many people will resonate with his feelings of desperation and helplessness, particularly in relation to childcare arrangements. Despite it being the holiday season, consulting a family lawyer at an early stage is always a prudent approach when dealing with such arrangements and will help avoid problems in the new year, or at a later stage.

Our thinking

  • UK tax considerations for US persons relocating to the UK

    Matthew Radcliffe

    Insights

  • Keeping compliant: Navigating SFO regulations globally

    Christopher Gothard

    Insights

  • Valuable assets protection from death, disputes, and divorce

    Sarah Jane Boon

    Insights

  • Q&As: The Evolution of Family Offices

    Amira Shaker-Bortman

    Insights

  • Parental responsibility = shared care… Or does it?

    Hilde Braaten Resseth

    Quick Reads

  • Next Gen: Upholding family values

    Elinor Boote

    Insights

  • Relocation: Important factors to consider before moving

    Graeme Kleiner

    Insights

  • The Two Most Feared Foreign Tax Provisions in the One Big, Beautiful Bill: Now Eliminated or Defanged

    Ivan Lu

    Quick Reads

  • To share or not to share, that is the question. The Supreme Court hands down judgment in ‘big money’ divorce case Standish v Standish and clarifies the position regarding matrimonialisation and the sharing principle

    Miranda Fisher

    Insights

  • The decision in Standish Stands Up for Prenups – Huge boost for prenups as Supreme Court decision underscores asset protection

    Miranda Fisher

    Quick Reads

  • Upcoming Licensing Regimes for Virtual Asset Services in Hong Kong

    Gaven Cheong

    Quick Reads

  • Courts are not couples’ therapists - and that’s a good thing

    Neeva Desai

    Quick Reads

  • City AM quotes Dominic Lawrance on the suitability of a non-dom tiered tax regime (TTR)

    Dominic Lawrance

    In the Press

  • The Law Society Gazette quotes Miranda Fisher on the upcoming Supreme Court Standish v Standish judgment

    Miranda Fisher

    In the Press

  • Liz Gifford, Janine Regan and Courtney Benard write for New Law Journal on an amendment to the Data (Use and Access) Bill which will allow UK charities to send direct marketing emails to supporters without prior opt-in consent

    Liz Gifford

    In the Press

  • Assisted Dying Bill: Can I express my wish for an assisted death?

    Kathryn Reid

    Quick Reads

  • Claims for Financial Relief in England After a UAE Divorce

    Sarah Jane Boon

    Insights

  • Spotlight on small businesses and high net worth individuals as HMRC mind the gap

    Cora Hardy

    Quick Reads

  • Racheal Muldoon writes for the Financial Times on whether individuals can pass down digital assets in their will

    Racheal Muldoon

    In the Press

  • Luxembourg Times quotes Yacine Diallo on the revamp of Luxembourg's impatriate regime and the associated benefits

    Yacine Diallo

    In the Press

Back to top