how to apply for child custody in kenya – complete guide

This article is about how to apply for child custody in Kenya. Kenyan Children Act, 2001, Part V of the Act, covers “Custody and Access to Children.” This act is the main legal framework that governs issues related to children, including child custody, adoption, guardianship, and child protection.

what is child custody?

Child custody means who takes care of a child and makes decisions for them. It’s about where the child lives, who looks after their needs, and who decides important things for their life. Child custody comes up when parents separate or divorce, or when they don’t live together. It decides who the child lives with most of the time and how often the other parent or people can see the child. The most important thing is what’s best for the child, like their safety, happiness, and having a good place to grow up.

how to apply for child custody in kenya

1. Talk to a Lawyer

First, speak with a lawyer who knows about family issues. They will help you with the process.

2. Find the Right Court

Figure out which court you need to go to. For child custody matters, you usually go to the Children’s Court.

3. Get Your Papers Ready

Gather all the important papers you’ll need, like your child’s birth certificate and any documents about your marriage or divorce, if that applies. You might also want to show the court that you’re a good parent.

4. Write a Letter to the Court

Write a letter to the Children’s Court. In the letter, explain why you want to have custody of your child. Your lawyer can help you with this.

5. Tell the Other Parent

Make sure the other parent knows about your request. This can be done in a way the court approves.

6. Go to Court

You’ll have to go to court for a hearing. At the hearing, you and the other parent can talk about why you should have custody.

7. Try to Talk It Out

Sometimes, the court might ask you and the other parent to try to talk and agree on your own. This is called mediation.

8. Wait for the Court’s Decision

The court will make a decision based on what’s best for your child. They’ll think about your child’s age, safety, and which parent can take good care of them.

9. Follow the Court’s Rules

If the court decides you should have custody, they’ll give you a paper with rules on how to take care of your child.

10. Do What the Court Says

Both parents must follow the court’s rules. If you don’t, there could be consequences like fines or changes in custody.

11. Keep Your Child’s Best Interests in Mind

Even after you get custody, always make choices that are good for your child. If things change, you might need to talk to the court again.

Please remember that child custody laws can change, and each case is different. A lawyer can help you understand the process and make sure you’re doing what’s best for your child.

faqs about child custody in kenya

1. What is child custody in Kenya?

Child custody in Kenya refers to the legal responsibility and authority given to a parent or guardian to take care of a child and make decisions about their upbringing, welfare, and education.

2. How is child custody determined in Kenya?

Child custody in Kenya is typically determined by the court, taking into consideration the best interests of the child. Factors such as the child’s age, safety, and the ability of each parent to provide a stable and nurturing environment are considered.

3. Can a child express their preference for custody in Kenya?

Yes, the court may consider the child’s preferences, especially if they are mature enough to express their wishes. However, the final decision will be based on what is in the child’s best interests.

4. Can grandparents or other relatives seek child custody in Kenya?

Yes, grandparents, and other relatives can seek child custody in Kenya, especially if they can prove that it is in the child’s best interests. However, the court’s decision will depend on the specific circumstances.

5. How can a parent or guardian apply for child custody in Kenya?

To apply for child custody in Kenya, you should consult with a lawyer who can guide you through the legal process. You’ll need to file a petition with the appropriate court, which is often the Children’s Court, and attend court hearings.

6. What types of custody arrangements are available in Kenya?

In Kenya, the court may grant sole custody to one parent, joint custody to both parents, or visitation rights to the non-custodial parent. The specific arrangement depends on what is best for the child.

7. Can child custody orders be modified in Kenya?

Yes, child custody orders can be modified in Kenya if there is a significant change in circumstances, and it is in the child’s best interests. This typically requires a court application and hearing.

8. How does the court handle disputes regarding child custody in Kenya?

The court aims to resolve child custody disputes in Kenya by considering what is best for the child. Mediation may be encouraged to help parents reach an agreement. If an agreement cannot be reached, the court will make a decision based on the evidence presented.

9. Are child support and child custody related in Kenya?

Child support and child custody are related but separate issues. Child support is typically about financial responsibilities, while child custody is about the legal right to make decisions and provide care for the child.

10. What happens if a parent does not comply with a child custody order in Kenya?

Failure to comply with a child custody order in Kenya can lead to legal consequences, including fines or changes in custody arrangements. The court’s orders must be followed to ensure the child’s well-being and the interests of both parents are protected.