Frequently Asked Questions (FAQs) on Sole Custody in Kenya

Frequently Asked Questions (FAQs) on Sole Custody in Kenya

1. What is sole custody in Kenya?

Sole custody in Kenya means one parent has full legal and physical custody of a child. The parent makes all key decisions regarding education, healthcare, religion, and welfare. The other parent may be granted visitation rights but does not share decision-making authority.

2. What laws govern child custody in Kenya?

Child custody is governed by the Children Act, 2022 and the Constitution of Kenya, 2010 (Article 53). The guiding principle is the best interests of the child, which override parental rights or preferences.

3. Difference between sole custody and joint custody

Sole custody gives one parent exclusive rights over the child’s welfare. Joint custody allows both parents to share decision-making powers, even if the child lives primarily with one parent.

4. When does the court grant sole custody?

Kenyan courts grant sole custody where joint custody is not in the child’s best interests. This may occur when one parent is abusive, neglectful, struggles with addiction, or poses emotional or physical harm to the child. The court may rely on welfare reports, social inquiries, and the child’s views.

5. How can I apply for sole custody in Kenya?

To apply for sole custody:

• File a custody application in the Children’s Court.

• Attach affidavits explaining why sole custody serves the child’s best interests.

• Provide supporting evidence such as proof of neglect or violence.

• Engage a family lawyer to represent your case effectively.

6. Does the mother or father automatically get custody?

No parent automatically qualifies for custody. While mothers often get custody of children under ten years (tender years doctrine), courts can award custody to fathers or other guardians if it benefits the child.

7. Can custody be revoked or changed?

Yes. A custody order can be varied or revoked if the custodial parent becomes unfit, neglects the child, or violates the court order. Either parent may apply for review.

8. What rights does the non-custodial parent have?

The non-custodial parent still has visitation rights, access to information about the child’s welfare, and the obligation to pay maintenance. Courts encourage a relationship with both parents unless it endangers the child.

9. Can grandparents or relatives get custody?

Yes. Relatives like grandparents or uncles may apply for custody if both parents are deceased, absent, or unfit. The court still applies the best interests principle under the Children Act, 2022.

10. How long does a custody case take?

Custody proceedings may take 3–12 months depending on complexity. Urgent interim custody can be granted within days if the child’s safety is at risk.

11. Can parents agree on sole custody?

Yes. Parents may sign a parenting agreement or consent order. However, the Children’s Court must approve it to ensure it meets the child’s best interests.

12. What if a parent violates a custody order?

Violating a custody order is punishable under the Children Act, 2022. The affected parent may seek enforcement, contempt proceedings, or police assistance.

13. Can I relocate abroad with my child if I have sole custody?

Not automatically. You must obtain court approval or the written consent of the other parent before relocating a child outside Kenya.

14. What role does the Children’s Court play?

The Children’s Court hears all custody and maintenance cases, issues or varies orders, and ensures the child’s welfare remains central to every decision.

15. Why should I consult a family lawyer?

Custody matters are emotional and complex. A qualified family law advocate helps you prepare your case, gather evidence, negotiate visitation, and ensure the child’s best interests are protected.

Contact us on info@swkadvocates.com or by call/whatsapp on 0726328555 for any assistance on obtaining sole custody in Kenya.