When a relationship ends, the most contentious issue is often the children. Who do they live with? Who pays for school fees? Who makes the big decisions?
The Children Act (2022) makes one thing very clear: The court does not prioritize the mother's rights or the father's rights. The only thing that matters is the Best Interest of the Child.
Types of Custody
It is important to understand that "custody" is split into two parts:
- Actual Custody: This refers to who the child physically lives with. For children of "tender years" (usually under 10), courts often grant actual custody to the mother, unless she is proven unfit.
- Legal Custody: This is the right to make major decisions about the child's life (religion, education, medical care, travel). In most cases, the court grants Joint Legal Custody, meaning both parents must consult each other on these matters.
Child Maintenance (Support)
Under Article 53 of the Constitution, every child has a right to parental care and protection. This means both parents share the financial responsibility.
If one parent refuses to contribute, you can sue for maintenance in the Children's Court. The court will look at the income of both parents and the needs of the child (School fees, Rent, Food, Medical cover) to determine a fair monthly contribution.
The Parental Responsibility Agreement (PRA)
You don't always need a messy court battle. We often help parents draft a Parental Responsibility Agreement (PRA). This is a binding contract where you agree on custody and support terms amicably. Once registered with the court, it has the same force as a court order.
Protect Your Children's Future.
Whether you are seeking custody or chasing unpaid child support, Wanyoike & Partners can help you navigate the Children's Court quickly and effectively.