'Paradigm shift': Children's bill to legislate for joint responsibility for children in divorces
Under 'children's bill', divorced couples would have joint responsibility for their children, who would be given greater rights in legal proceedings
The outdated family law on child custody is set for a radical overhaul, with the focus on "joint responsibility" for children following a divorce and greater rights for offspring.
This came as the welfare minister called for a "paradigm shift" on the issue and promised a public consultation later this month.
The exercise dubbed the "children's bill" would also suggest that the court allow children to play a bigger role in identifying their preferences and voicing opinions during divorce proceedings, Secretary for Labour and Welfare Matthew Cheung Kin-chung said yesterday.
Cheung is acting on the Law Reform Commission's 2005 proposal to replace the term "child custody" with "parental responsibility", a non-absolute concept that cannot be fought over in the courts. It is aimed at saving parents time and money by avoiding legal disputes.
The new proposal is made against the backdrop of rising divorce rates. Last year, 20,019 decrees were registered, up from 10,492 in 1997.
Some 65,000 children below the age of 18 were currently in a single-parent family, compared to 54,000 a decade ago, Cheung said.