Arrangements for children

If both parties decide to divorce, how should they decide on children custody arrangements?


The court must prioritize the best interests of minor children as its paramount consideration, which includes considering the following factors:

(a) Children welfare

  • The physical, emotional, and educational needs of the child
  • Whether the parent or carer can properly take care of the child's needs
  • The relationship between the child and the parents
  • The age and gender of the child
  • Sibling unity
  • Cultural, religious background and other special circumstances relating to the child
  • Harm or risk of harm to the child
  • Possible impacts due to environmental changes
  • Parent's physical or psychological disability or illness
  • The personality and character of the parents

(b) The child's wishes (taking into account his/her age and understanding).

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre