In divorce proceedings involving children, the living arrangements for the children can be a critical consideration. When parents are unable to reach an agreement on this matter, or when the court has concerns about the child’s living situation, the court may order a Social Investigation Report (“SIR”) to be prepared by a Social Welfare Officer (‘SWO’). This SIR is often described as ‘the eyes and ears of the court’ as it provides the court with a comprehensive understanding of the child’s circumstances. The SIR examines various aspects of the child’s well-being, including their physical, social, and psychological well-being. This information assists the court in making a satisfactory decision regarding the child’s upbringing and the appropriate custody order.
The social welfare officers conducting the investigation typically interview the following individuals:
- the children themselves if they are of a sufficient age and/or maturity to participate in such an interview;
- the parents on their own;
- each parent with the children;
- any other carers, for example, new partners of the parents, relatives and the nanny;
- the children’s school teachers; and
- other relevant concerned parties who may be able to provide helpful information in assisting the court’s determination of the matter and the social welfare officer in making a recommendation to the court.
Under the Guardianship of Minors Ordinance (Cap. 13), the court is required to give due consideration to all the material information contained in the SIR, including the reasons or concerns that led the social welfare officer to make their recommendation regarding the custody of the child or other matters related to the child’s well-being. The SIR is made available to the parties and in the event of a trial, the SWO will give evidence.