The Sole Guardian Affidavit is a critical legal document used in Hong Kong when an individual seeks to be appointed as the sole guardian of a minor child. This document becomes necessary in various circumstances, such as the death of a parent, abandonment, or when sole guardianship is otherwise required for the child's welfare. The affidavit must comply with Hong Kong's legal requirements and typically forms part of broader guardianship proceedings in the Hong Kong courts. It contains comprehensive information about the proposed guardian's personal circumstances, financial stability, relationship with the child, and proposed care arrangements. The document serves as formal evidence in court proceedings and must be properly executed before authorized officials. The content and structure are governed by various Hong Kong ordinances, particularly the Guardianship of Minors Ordinance (Cap. 13) and the Oaths and Declarations Ordinance (Cap. 11).
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1. Formal Opening: Standard affidavit opening stating the deponent's name, address, occupation, and oath/affirmation
2. Deponent Information: Detailed personal information of the person seeking guardianship, including citizenship status and relationship history
3. Child Information: Full details of the child(ren) including full name, date of birth, current address, and current care arrangements
4. Basis for Sole Guardianship: Clear statement of the circumstances necessitating sole guardianship (death of other parent, abandonment, court order, etc.)
5. Current Care Arrangements: Description of existing living arrangements, care responsibilities, and support systems
6. Financial Capability: Declaration of financial means and ability to provide for the child
7. Fitness Declaration: Statement confirming no criminal record, good character, and ability to care for the child
8. Proposed Care Plan: Outline of how the child will be cared for, including education, healthcare, and daily needs
9. Prayer/Request: Formal request to be appointed as sole guardian
10. Verification Statement: Standard closing statement verifying the truth of the contents
11. Execution Block: Space for signature, date, and notarization/attestation
1. Other Parent Status: Section detailing the status and circumstances of the other parent, if known - used when the other parent is deceased, has abandoned the child, or has agreed to the arrangement
2. Medical Information: Section covering any relevant medical conditions of the child that affect care requirements - used when the child has specific medical needs
3. Support Network: Details of family members, professionals, or others who will assist in caring for the child - used when there is an established support system
4. Cultural Considerations: Information about maintaining cultural or religious connections - used when there are specific cultural or religious factors to be preserved
5. Transition Plan: Details of how any change in living arrangements will be managed - used when the child needs to relocate or change current living arrangements
1. Birth Certificate: Certified copy of the child's birth certificate
2. Death Certificate: Copy of death certificate if sole guardianship is sought due to death of a parent
3. Financial Statement: Detailed statement of income, assets, and financial capabilities
4. Supporting Affidavits: Affidavits from family members, teachers, or others supporting the application
5. Medical Reports: Any relevant medical reports concerning the child's health or special needs
6. Police Clearance: Recent police clearance certificate for the proposed guardian
7. Consent Documents: Any written consents from other relevant parties
Relevant legal definitions
Minor
Guardian
Sole Guardian
Deponent
Parent
Custody
Care and Control
Best Interests of the Child
Court
Director of Social Welfare
Guardianship Order
Commissioner for Oaths
Residence
Support Services
Welfare Report
Maintenance
Personal Effects
Medical Treatment
Education
Religious Upbringing
Affidavit
Supporting Documents
Legal Rights and Responsibilities
Jurisdiction
Guardian
Sole Guardian
Deponent
Parent
Custody
Care and Control
Best Interests of the Child
Court
Director of Social Welfare
Guardianship Order
Commissioner for Oaths
Residence
Support Services
Welfare Report
Maintenance
Personal Effects
Medical Treatment
Education
Religious Upbringing
Affidavit
Supporting Documents
Legal Rights and Responsibilities
Jurisdiction
Clauses
Identity and Status
Relationship Declaration
Capacity Declaration
Financial Capability
Residential Arrangements
Educational Provisions
Healthcare Commitments
Religious and Cultural Considerations
Moral Character
Child Welfare
Support Network
Legal Authority
Rights and Responsibilities
Previous Guardian Status
Child's Background
Emergency Arrangements
Decision-Making Authority
Financial Support
Travel Arrangements
Communication Arrangements
Record Keeping
Professional Support
Statutory Compliance
Verification and Oath
Relationship Declaration
Capacity Declaration
Financial Capability
Residential Arrangements
Educational Provisions
Healthcare Commitments
Religious and Cultural Considerations
Moral Character
Child Welfare
Support Network
Legal Authority
Rights and Responsibilities
Previous Guardian Status
Child's Background
Emergency Arrangements
Decision-Making Authority
Financial Support
Travel Arrangements
Communication Arrangements
Record Keeping
Professional Support
Statutory Compliance
Verification and Oath
Relevant Industries
Legal Services
Social Services
Public Sector
Healthcare
Education
Child Protection Services
Family Support Services
Relevant Teams
Legal
Family Law
Social Services
Child Protection
Court Administration
Document Processing
Family Support
Legal Aid
Relevant Roles
Family Law Attorney
Legal Executive
Social Worker
Child Protection Officer
Family Court Judge
Court Clerk
Probation Officer
Guardian Ad Litem
Family Services Coordinator
Legal Aid Officer
Commissioner for Oaths
Notary Public
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