Bill dropped amid single parents’ concerns

Cheng Wong

Divorced parents won’t be required to get their ex-partner’s consent or issue prior notification for major child decisions, as Secretary for Labour and Welfare Chris Sun Yuk-han said the government will not forcibly restart the legislative process on the relevant bill.

At the Legislative Council meeting yesterday, legal sector lawmaker Ambrose Lam San-keung questioned whether the government would begin the legislation of the Children Proceedings (Parental Responsibility) Bill, which seeks to reform parental responsibilities, establish guardian roles and ensure that courts prioritize the “best interests” of a child.

The controversy surrounding the bill centers on introducing the parental responsibility model into Hong Kong family law by legislative means to prioritize both parents’ continuing responsibilities toward their children over individual parental rights after divorce.

Sun said the Labour and Welfare Bureau prepared the draft bill in 2015 to establish a statutory list of parental responsibilities and rights, including requiring parents to obtain the other parent’s consent or notify them ahead of major decisions regarding their child’s upbringing.

However, many stakeholders, including single parents, raised concerns that the bill could exacerbate conflicts for divorced parents, particularly in families with domestic violence issues.

Sun noted that single-parent groups were also worried that the requirement to “obtain the other party’s consent for major decisions concerning the child” would be misused by a vindictive ex-spouse, potentially harming the child. So the government shelved the proposal and is instead focusing on implementing support measures for divorced families.

The Social Welfare Department collected feedback from stakeholders in the second half of 2024, finding that over 61 percent opposed allowing ex-spouses who do not live with their children to participate in major decisions affecting the children’s welfare and future.

Sun noted that there remains a general lack of awareness and misunderstanding of custody orders in the community. “Divorced parents tend to focus on defending their custody rights, which may lead them to overlook the continuous joint parental responsibilities with the other parent,” he said.

Lam expressed anger and disappointment at the government’s stance, adding that it should explain the legislative intent to stakeholders, seek common ground and advance the process based on mutual agreement.