Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong
Purpose – This paper aims to analyse the different requirements of Practice Direction 15.10 (which governs the process of family mediation in Hong Kong) and Practice Direction 31 (which governs the process of general mediation in Hong Kong), and to highlight the need to incorporate the spirit of fam...
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| Format: | Article |
| Language: | English |
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Emerald Publishing
2021-11-01
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| Series: | Public Administration and Policy |
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| Online Access: | https://www.emerald.com/insight/content/doi/10.1108/PAP-08-2021-0045/full/pdf?title=upholding-parental-responsibility-by-family-mediation-revisiting-the-role-of-the-law-for-children-in-divorce-in-hong-kong |
| _version_ | 1811182388350287872 |
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| author | Sau-wai Law |
| author_facet | Sau-wai Law |
| author_sort | Sau-wai Law |
| collection | DOAJ |
| description | Purpose – This paper aims to analyse the different requirements of Practice Direction 15.10 (which governs the process of family mediation in Hong Kong) and Practice Direction 31 (which governs the process of general mediation in Hong Kong), and to highlight the need to incorporate the spirit of family mediation into legislation to better protect children’s interest in a family dispute. Design/Methodology/approach – The paper reviews and compares the content on Practice Direction 15.10 and Practice Direction 31 issued by Chief Justice of the Hong Kong Court of Final Appeal, and adopts interpretative and analytical approaches to evaluate their impact. Findings – In an effort to promote parental responsibility-based negotiation in divorce proceeding, a missed opportunity in enacting the Children Proceedings (Parental Responsibility) Bill in 2015 might be a blessing in disguise as it offers another chance for policy makers to consider how to direct parties to negotiate and communicate, to seek and benefit from professional guidance on a continuous basis, and to seek alternative channels to resolve disputes other than the court room. The policy and the law advocating a switch from a “rights-based” to “responsibility-based” approach in handling children’s matters should be revisited by incorporating the spirit of family mediation into legislation. Originality/value – Analyses are conducted through direct contextual review and documentary research. This paper conducts literal analysis of court guidance and unveils policy implications for the general public. It would be of interest to judicial officers, scholars and government officials concerning children’s rights and parental responsibility in divorce proceedings. |
| first_indexed | 2024-04-11T09:31:46Z |
| format | Article |
| id | doaj.art-eaa1edb21a9a45ea8222df2ede23fefa |
| institution | Directory Open Access Journal |
| issn | 1727-2645 2517-679X |
| language | English |
| last_indexed | 2024-04-11T09:31:46Z |
| publishDate | 2021-11-01 |
| publisher | Emerald Publishing |
| record_format | Article |
| series | Public Administration and Policy |
| spelling | doaj.art-eaa1edb21a9a45ea8222df2ede23fefa2022-12-22T04:31:53ZengEmerald PublishingPublic Administration and Policy1727-26452517-679X2021-11-0124324125210.1108/PAP-08-2021-0045674489Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong KongSau-wai Law0Department of Law and Business, Hong Kong Shue Yan University, Hong Kong SAR, ChinaPurpose – This paper aims to analyse the different requirements of Practice Direction 15.10 (which governs the process of family mediation in Hong Kong) and Practice Direction 31 (which governs the process of general mediation in Hong Kong), and to highlight the need to incorporate the spirit of family mediation into legislation to better protect children’s interest in a family dispute. Design/Methodology/approach – The paper reviews and compares the content on Practice Direction 15.10 and Practice Direction 31 issued by Chief Justice of the Hong Kong Court of Final Appeal, and adopts interpretative and analytical approaches to evaluate their impact. Findings – In an effort to promote parental responsibility-based negotiation in divorce proceeding, a missed opportunity in enacting the Children Proceedings (Parental Responsibility) Bill in 2015 might be a blessing in disguise as it offers another chance for policy makers to consider how to direct parties to negotiate and communicate, to seek and benefit from professional guidance on a continuous basis, and to seek alternative channels to resolve disputes other than the court room. The policy and the law advocating a switch from a “rights-based” to “responsibility-based” approach in handling children’s matters should be revisited by incorporating the spirit of family mediation into legislation. Originality/value – Analyses are conducted through direct contextual review and documentary research. This paper conducts literal analysis of court guidance and unveils policy implications for the general public. It would be of interest to judicial officers, scholars and government officials concerning children’s rights and parental responsibility in divorce proceedings.https://www.emerald.com/insight/content/doi/10.1108/PAP-08-2021-0045/full/pdf?title=upholding-parental-responsibility-by-family-mediation-revisiting-the-role-of-the-law-for-children-in-divorce-in-hong-kongfamily mediationcivil justice reformhong kong public policychildren’s rightsrights-based negotiationresponsibility-based negotiation |
| spellingShingle | Sau-wai Law Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong Public Administration and Policy family mediation civil justice reform hong kong public policy children’s rights rights-based negotiation responsibility-based negotiation |
| title | Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong |
| title_full | Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong |
| title_fullStr | Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong |
| title_full_unstemmed | Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong |
| title_short | Upholding parental responsibility by family mediation: revisiting the role of the law for children in divorce in Hong Kong |
| title_sort | upholding parental responsibility by family mediation revisiting the role of the law for children in divorce in hong kong |
| topic | family mediation civil justice reform hong kong public policy children’s rights rights-based negotiation responsibility-based negotiation |
| url | https://www.emerald.com/insight/content/doi/10.1108/PAP-08-2021-0045/full/pdf?title=upholding-parental-responsibility-by-family-mediation-revisiting-the-role-of-the-law-for-children-in-divorce-in-hong-kong |
| work_keys_str_mv | AT sauwailaw upholdingparentalresponsibilitybyfamilymediationrevisitingtheroleofthelawforchildrenindivorceinhongkong |