3 Comments Family & de facto law, financial agreements, consent orders
Hong Kong ia a reciprocating jurisdiction which means, in theory, if your wife obtained a maintenance order from the Family Court in Australia it would be possible to have this order registered and enforced by a court in Hong kong. In practice, this may well be costly and time-consuming especially if contested. It would also be possible for her to seek an injunction in Australia which would have the effect of preventing you from removing assets/monies to another jurisdiction.
The Family court in australia encourages parties to reach an amicable agreement, this has considerable advantages in terms of costs savings. An amicable agreement is also to your advantage since you will continue to share parenting responsibilities The court can out you in touch with professional organisations who can provide counselling and mediation services.
You would be advised to seek professional legal advice concerning your options.
Aussielegal provides a legal advice line service. We can put you in touch with a lawyer experienced in this area of the law who can have a provisional chat with you about your options at limited cost. The phone number for this service is 1300 728 200.
Aussielegal also provides a lawyer referral service. We can put you in touch with an experienced and recommended lawyer in your area who can act on your behalf.
Hong Kong courts do have the power to make an attachment order to enforce a maintenance order registered in Hong Kong. This would constitute legal authority to your employer to make payment to the designated payee. Alternatively court orders can be enforced by the bailiffs who can seize your goods/property.
China is not a reciprocating country.