The debate over the joint parental responsibility model in Hong Kong

Abstract

Hong Kong's Law Reform Commission recommended the joint parental responsibility model into Hong Kong's family law in 2005. A public consultation on whether to implement the model by legislative means was launched in late 2011. An Internet search and secondary analysis of public opinion about the model and its legislation was conducted. It was found that stakeholders held diverse opinions on the legislation of the model. The greatest concern is over the inadequate support to facilitate a workable relationship between separated/divorced parents, and the methods used in protecting victims of domestic violence from ongoing abuse due to the continuous contact with the abusive parent necessitated by the model. Non-resident parents are invisible in the debate. Their absence in the debate has made the consultation a partial and incomplete one, though it saves the discussion from a gender competition between fathers' rights and mothers' rights. Taking a historical and comparative perspective, this paper makes a comprehensive review of the debate in Hong Kong, with reference to the debate at an international level. Implications to the social work profession and social work practice are discussed.

香港法律改革委员会于2005年建议在香港的家庭法中加入共同父母责任模式，并于2011年下旬探讨应否以立法形式向公众咨询。本研究就公众对该模式和相关法例的意见进行了一次互联网调查和二手资料分析，发现利益相关者对以立法形式推行此模式有不同的意见；当中他们最关心的问题是：协助分居／离婚的父母建立一种可行关系的支援不足；如何避免家庭暴力受害者因持续接触分居/离婚伙伴而继续受害。研究亦看不到有关非本地父母的讨论；缺少非本地父母的讨论令此法律咨询变得片面和不完整，而且此咨询也缺乏从性别角度讨论父母权利间的差异。本文以历史和比较的角度，参考了国际层面的讨论后，对香港的有关讨论作了综合性的回顾。本文亦探讨了该议题对社会工作专业和实践的启示。

Keywords::

• joint parental responsibility
• family laws
• Hong Kong

Acknowledgements

This article is modified from a conference paper presented in Seminar of the Committee on Family Research 2012: ‘New Family Forms Following Family Dissolution: Consequences in/on Postmodern Society’ in Leuven, Belgium on 12–14 September 2012.