Thorough inquiry should be made to ascertain the actual needs of the Children

Actual custody just like legal custody can be shared between parents.

Parental responsibility Agreement can be vitiated just like any other contract

There should be evidence that a child will get along with a step-parent

A mother must reside with child of tender years and if not the tender years rule will not apply

Behavior of the mother after separation is paramount

The court favors the least inconvenience to a child when making an order

Parents to a child are the most ideal to provide the rights over their children

Granting of stay orders should consider the best interest of the Minor.

The best interests of a child must not be dictated by the opinion of a child

Kadhis court do not have jurisdiction over children matters

Interim orders in a trial court should not be interfered with without appeal full hearing

The Children's court has jurisdiction to order for DNA test

Res Judicata cannot stop a court from revisiting a children's matter

During pendency of the suit status quo should be maintained to avoid disruption of Minor

A child's best interests overrides the interests of the parents.

To grant access (custody) on alternate weekdays is unsuitable for children

Orders on access of the child must be clear

Making custody orders that separate siblings is not in their best interests

Removing a child from one school to another as a result of custody orders is detrimental

The best interests of any child are paramount as compared to any rights of a parent

Complete welfare of a child is to be given priority as compared to monetary needs.

Custody of a female child should be granted to the mother owing to the fact that she is vulnerable

The needs of a child should be guided by the income earned by each parent

Both parents have the responsibility to maintain the children despite their earning capacity

A mother can be granted actual custody despite not being able to maintain the child

It deprives a child of the parental care necessary for growth if he or she has both parents alive

The custody of children of tender years should not be based solely on material provisions

Courts have the discretion to determine the access terms for children putting their interests first

Views of children with regard to determining custody orders should also be put into consideration

Both parents have to be involved in a child's life despite one parent having solely access orders

A father has to prove for special circumstances in which he should be granted custody of a child

Other factors to be considered in the determination of the best interest of a child

The conduct of a parent during a trial informs the court on the determination of custody

A mother can apply for the extension of parental responsibility

Special circumstances ought to be proved for maintenance of an individual of above 18 years

DNA is to be submitted for a father to take parental responsibility if the parties are not married

Court cannot compel a man to take up parental responsibility of a child if not married to the mother

Parental responsibility ceases upon completion of undergraduate studies

A parent can be denied custody if his/her conduct causes harm to the weelbeing of the child

Parents to a child share equal parental responsibility regardless of their marital status

Remarriage is not reason to disqualify granting custody unless detrimental to the child's welfare

Custodial parent has the right to relocate with child so long as it is in the child's best interest

Custody of a male child is granted to the father upon proof of special circumstances

Parent's new relationship after separation should not interfere with the best interests of a child

Parents should be involved in the upbringing of a child despite access orders granted to one parent

Upon trial on a child's matter,judges should be impartial by putting interests of child at priority

The attention of a mother is quite important for girls almost at puberty and adolescent stages

Female children need the care of their mother when they are growing up since they are vulnerable

Child above eight years, his or her parent or anyone with parental responsibility may apply

Children are to be cared for by parents whether they are born in or out of wedlock

Provides that a child's interest(s) should be a priority over any interests of the parents

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

Definition of actual custody and legal custody

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

Both actual and legal custody can be joint and shared

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

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

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

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

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

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

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

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

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

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

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

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

Keeping a child away from their biological parents is cruel and against best interests.

Exceptions to the tender year rule must be proved

Inability to provide for the children in not an exception to the tender years rule.

There is no rule against removing a child from court's jurisdiction in a custody dispute.

A court cannot merely rely on the ascertainable wishes of a child in determining actual custody.

When determining a child's acertainable wish their age and maturity should be considered.

A review of court orders in children cases must abide with O.45 of the Civil Procedure Rules, 2010.

Changing a child from one school to another is not in their best interests.

Denying a mother custody of a girl of tender years is evidence of substantial loss.

Children need a consistent routine including during weekdays. Access orders must be stable.

Where there is no change of circumstances stay of execution will not be granted.

Application for Stay of Execution should be made without undue delay.

A children's court cannot issue custody for children outside its jurisdiction.

Exceptions to the Tender Years Rule must be clearly demonstrated.

Custody orders in respect to a child can only be reviewed if circumstances have changed.

The burden of proof of exceptional circumstances to the tender years principle lies with father.

The divorce or separation of parents is the basis for custody and maintenance cases

The convenience or inconvenience of parties is not a factor to consider in staying execution.

Custody and maintenance matters can be reopened even after judgment.

Children who are not Kenyan are afforded same protection as Citizens under the law.

The nature of work of a mother is not an exception to the tender years doctrine without proof.

Custody to biological parents is favored than custody to inlaws.

Actual custody to a resident parent is critical to ensure the child's best interests are met.

A mother's busy schedule is not an exceptional circumstance to the tender years rule.

The wishes of a mature child "above the tender years" maybe taken into consideration fully.

As a safeguard, courts must ensure an abusive parent is not granted custody of a child.

Not in best interests separating a child from a parent who has had custody for long period of time.

Where a court makes custody orders in favor of a party it must make access orders also.

A parent's financial instability does not automatically disqualify them for actual custody.

Court of Appeal decision that reaffirmed the Tender years principle.

Parental Responsiblity Agreements can be vitiated just like any other contract.

Children matters that take too long to conclude prejudice a child's best interests.