A Custody Affidavit is a fundamental document in Hong Kong family law proceedings, used when parties seek to establish, modify, or enforce custody arrangements for children. This sworn statement must be prepared in accordance with Hong Kong legal requirements and typically includes detailed information about the child's welfare, current living arrangements, and proposed custody plans. The document is essential in cases involving separation, divorce, or disputes over child custody and must be filed with the appropriate Hong Kong court. The affidavit needs to address specific requirements under Hong Kong's Guardianship of Minors Ordinance and related legislation, providing a comprehensive overview of the circumstances affecting the child's custody arrangement. It serves as primary evidence in custody proceedings and requires careful preparation to ensure all relevant facts and circumstances are properly documented.
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1. Title and Identification: Formal title of the affidavit, case number if applicable, and court details
2. Deponent Details: Full name, occupation, and residential address of the person making the affidavit
3. Child Information: Details of the child(ren) including full names, dates of birth, and current living arrangements
4. Relationship Status: Current status of relationship with the other parent, including marriage/divorce details if applicable
5. Current Custody Arrangement: Description of existing custody and access arrangements, whether formal or informal
6. Grounds for Application: Detailed reasons for seeking custody or modification of existing arrangements
7. Child's Welfare Considerations: Information about the child's education, health, emotional wellbeing, and daily routine
8. Financial Provisions: Details of financial arrangements for the child's care and maintenance
9. Prayer/Request: Specific custody arrangement being sought from the court
10. Statement of Truth: Formal declaration that the contents are true and accurate
11. Execution Block: Space for signature, date, and notarization details
1. Domestic Violence History: Include if there are any incidents of domestic violence relevant to the custody arrangement
2. Immigration Status: Required if either parent or child has immigration matters affecting custody
3. Special Needs Provisions: Include if the child has any special medical, educational, or emotional needs
4. Religious Considerations: Include if religious upbringing is a significant factor in the custody arrangement
5. Extended Family Involvement: Include if grandparents or other family members play a significant role in child care
6. Proposed Visitation Schedule: Include if seeking specific visitation arrangements
7. International Travel Arrangements: Include if there are concerns about international travel or relocation
1. Schedule A - Supporting Documents: List of attached documents including birth certificates, marriage/divorce certificates, previous court orders
2. Schedule B - Proposed Care Schedule: Detailed weekly/monthly schedule of proposed custody and access arrangements
3. Schedule C - Financial Statement: Detailed breakdown of child-related expenses and financial capabilities
4. Appendix 1 - Medical Records: Relevant medical records or reports if health issues are pertinent to custody
5. Appendix 2 - Education Records: School reports, educational assessments, or other relevant educational documents
6. Appendix 3 - Communication Records: Relevant correspondence between parents regarding custody matters
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