Posted by
safinn
17 yrs ago
An abusive husband is threatening his wife that he'll take their toddler son and leave HK. What is the HK law in terms of protection for the wife and what can she do to prevent him from returning home with thier son? Appreciate any advice. Thank you.
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I take it the abusive husband is an expat. If he's only threatening at the moment, do I take it that they're still living together, in which case the police will be very loath to get involved in a domestic. How old is the child? Was he born in HKG? Is he on the mother's passport?
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He's 3 years old and born in HK but I'm not sure if he has his own password or is on his parent's. I'm hoping he has his own and his mother can keep it safe for him.
Unfortunately, she didn't report it to the police when i happened so she doesn't have any physical proof of the abuse right now.
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Safinn, what is the nationality of the mother and the father?
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Is either the mother or the father a HK permanent resident?
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Instead of seeking advice here, get in touch with a specialist lawyer. This is more of a civil matter within the jurisdiction of the matrimonial courts than a criminal issue. Time is of the essence. If the threat to remove is serious, a court might grant an injunction to preserve the status quo pending a decision on custody/access etc. Don't delay because courts won't grant an injunction if you let the grass grow.
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Thanks Fox Mulder. Appreciate it.
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You can get a lawyer and have the child made a ward of the court- this process only takes about 24 hours to complete and will prevent the child from leaving the territory for 21 days. If you initiate wardship proceedings before the end of the 21 days the stop order is extended. Otherwise, you can file an application for custody and have an ex parte order made to prevent the child from removed by the other parent.
At least that is what I went through! Feel free to PM me if you want to know which lawyer I used! (I am pleased with her.)
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Thank you pdesloge. I'll pass on your advice to her.
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