December 28, 2011

A public consultation has been launched to gauge views on the Law Reform Commission's recommendation the “joint parental responsibility model” be implemented by legislative means to replace the existing custody and access arrangements under family law.
 
Permanent Secretary for Labour & Welfare Paul Tang today said, under existing law, when parents divorce, the court rearranges their parental rights through custody orders.
 
“It may make a sole custody order, which gives the power to make important decisions about the child to only one of the parents, who is the custodial parent, or a joint custody order, which gives the power to both parents,” he said.
 
“In its Report on Child Custody & Access, the commission recommended these existing arrangements be abolished and replaced by the joint parental responsibility model.”
 
The report said the joint parental responsibility model is a new approach to dealing with the arrangements for children after their parents divorce. It emphasises the continuing responsibilities of both parents toward their children rather than their parental rights. Both parents will retain their responsibilities to participate in important decisions about their children even after divorcing.
 
Some major recommendations made by the commission to introduce the model into family law include specifying in the law some major decisions affecting the child require the express consent of both parents, while some require notification to the other parent.
 
It also recommends abolishing the custody order and access order currently provided for under the law and replace them with the “residence order” and “contact order”. The non-resident parent will still retain parental responsibility over the child and the right to be involved in important decisions affecting its well-being and future.