Child Custody Process in Kenya

 Today i was handling a Custody matter at Children's Court, the parents of the minor almost exchanged blows as the court was ongoing. I managed to get interim orders for Sole custody for my client. Due to the rising cases of DIVORCE and SEPARATION, child custody has been an ongoing issue due to misunderstandings between parents. The most important factor for consideration in any case involving children is their best interest.

Child custody in simple terms is the Legal and practical relationship between a parent/guardian and the child in their care. Both parents have the right to exercise parental care and responsibility over their children.



In Kenya, child custody matters are generally governed by the Children Act of 2001. The Act emphasizes the best interests of the child as the primary consideration when determining custody arrangements. Here are some key points:

1. Best Interests of the Child : Courts in Kenya prioritize the well-being and best interests of the child when making custody decisions. This includes considering the child's age, health, education, and emotional and physical needs.

2. Types of Custody : The types of custody arrangements, include : Actual and Legal custody (Sole custody and  Joint custody). The court will decide which arrangement is most suitable based on the circumstances of the case.

3. Factors Considered : Courts consider various factors when making custody decisions, such as the parents' ability to provide for the child, their moral fitness, and the child's preference (depending on the child's age).

4. Mediation: Before going to court, parents may be encouraged to seek mediation or alternative dispute resolution methods to reach a custody agreement.

5. Court Process : If parents cannot agree on custody, they can file a custody case in court. The court will then make a determination based on the evidence presented.

6. Custody orders can be modified if there is a substantial change in circumstances that warrants a modification in the best interests of the child.

Parents should also be informed that a custody arrangement can be achieved under a PARENTAL RESPONSIBILITY AGREEMENT instead of relying fully on the Court decision and the lengthy legal process involved.

Seeking legal advice and support when dealing with child custody matters is often crucial to achieving a fair and just resolution.For more insights on child custody,you can reach us at Apollo Oduor & Associates Advocates:Email: apollooduoradvocates@gmail.com,Mobile:0732682015

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