Court order in force or proceeding pending
If the child is below 18 years old and there is a court order concerning the custody of or access to the child in force or there is proceeding concerning the child’s custody or access pending, the law prohibits any parent removing the child out of Hong Kong without the consent of the other parent.
Alternatively, under the Child Abduction and Custody Ordinance, you may apply to the court for an order prohibiting the removal of the child out of Hong Kong by the other parent. Your spouse will attract criminal liability for contempt of court if he/she takes a child abroad after the court has granted such prohibition order. Also, he/she will likely be stopped at the border of Hong Kong by officers of the Immigration Department who will be informed of such orders promptly after the grant.
Apart from a Prohibition Order, you could start wardship proceedings in the High Court, which is irrespective of any divorce or separation proceedings, as long as there are special concerns about the child’s welfare. This includes circumstances where you suspect that the child would be removed from Hong Kong. The Court can order the child to become a Ward of the Court. When your child becomes the Ward of the Court, the Court has custody of the child and he/she is prohibited from leaving Hong Kong without the consent of the Court. However, it should be noted that every major decision regarding that child’s welfare will have to be referred to the Court by making an application, meaning that you may incur more costs and time in the future.