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Discover Children's Legal Precedents in Kenya

Access a comprehensive repository of case law related to children's rights, custody, maintenance, and welfare. Empowering legal professionals and advocates with knowledge.

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Custody of female adolescents

Custody of female adolescents

if no execpetions, custody of female adolescent children should be with mother naturally.

Stay of execution

Stay of execution

Stay of execution of custody in favor of resident parent is not available for absent parent.

Tender years exception

Tender years exception

Clear evidence must be produced to proof exception to tender years principle.

Stay of execution

Stay of execution

The tender years principle is not a sufficient ground to stay execution of orders pending appeal.

Parents preferred custodians

Parents preferred custodians

A child must benefit from parental care and not from third parties

Actual custody meaning

Actual custody meaning

Actual custody of a child is not equal to ownership of the child

Parental responsibility

Parental Responsibility

A parent who insist on taking a child to private school should bear the fees.

Parental responsibility

Parental Responsibility

A parent who insist on taking a child to private school should bear the fees.

Exception to Tender years rule

Exception to Tender years rule

A mother who is not staying with the children is an exception to the tender years principle.

Restriction of Minor from juri...

Restriction of Minor from jurisdiction

Removing a child from the jurisdiction of court pending a suit can render the case nurgatory.

A child's opinion should be he...

A child's opinion should be heard

A child's opinion should be heard where possible before making substantive orders.

Parental care

Parental care

Mental illness doesn't make a parent unfit for custody unless it negatively impacts on child's care

Custody

Custody

Definition of actual custody and legal custody

Parental responsibility

Parental responsibility

Parental responsibility is limited to the child's parents unless under special circumstances

Sharing of custody

Sharing of custody

Both actual and legal custody can be joint and shared

Relationship between a child a...

Relationship between a child and parent

Despite the custody orders, it is important children maintain a relationship with the parents

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