Focus on Children: CIF

Ms Winnie Chow

When the Law Reform Commission of Hong Kong’s Report on child custody and access was published in March 2005, there was much optimistic excitement among the family law community.  It was hoped that this would finally bring about the much needed change in the way we approach child care arrangements following the breakdown of a relationship.  Sadly, the optimism was misplaced and no real progress followed.  Therefore, in or around 2008, a couple of family lawyers came up with an idea of putting together a panel of interested stakeholders to promote such reform.  This worthy course was endorsed by the Hong Kong Family Law Association and was quickly supported by the University of Hong Kong and the Hong Kong International Arbitration Centre.  After a series of brainstorming sessions, the concept of a Children Issues Forum was created.  Despite our lack of history and experience in organising such a large scale event, we were very fortunate to secure the participation of top tier representatives in the family law arena from a number of jurisdictions, to include Australia, New Zealand, United Kingdom, and Hong Kong.  Participants included academics, Judges, mental health professionals, lawyers, government departments and NGOs.

One of the most unique features of each of the Children Issues Forums is the involvement of children.  We recognise that, in dealing with children matters, the voice of the child is central and there is no better way of demonstrating this than to allow the children themselves, to speak.  Therefore, children have participated, as audience, and as speakers.  This year, they will further moderate and give a closing speech.

News of the success of the First Children Issues Forum spread quickly and this certainly assisted us in preparing for the next two forums.  Each forum has focused on different aspects related to children.  Three main themes have been to push for child law reform, the involvement of children in the decision making procedure, and exploring less adversarial processes in resolving children issues.  Since the First Form in 2009, we are pleased to note that there have been a number of developments in Hong Kong, to include:-

(i)        the government finally considering a Children’s Bill this year,
(ii)       the Hong Kong judiciary bringing in place two guidance notes on Judges meeting children and separate representation for children in the legal process, both of which bring to the forefront Hong Kong’s commitment to Article 12(ii) of the United Nations Convention on the Rights of the Child in providing a child the opportunity to be heard in any judicial administrative proceedings affecting that child under age appropriate considerations,
(iii)      the introduction of collaborative practice in Hong Kong, and
(iv)      the implementation of the Child Dispute Resolution process in our Family Court.

We are proud to see the Children Issues Forums’ effectiveness in highlighting children’s rights and needs in Hong Kong, and very much hope that this legacy will continue, for the benefit of the children in Hong Kong and elsewhere.