Showing 16 cases in Case Law
Clear filterJurisdiction
A children's court cannot issue custody for children outside its jurisdiction.
Custody and MaintenanceExceptions to the Tender Years Rule
Exceptions to the Tender Years Rule must be clearly demonstrated.
Custody and MaintenanceProof of exceptional circumstances
The burden of proof of exceptional circumstances to the tender years principle lies with father.
Custody and MaintenanceGrounds for review of custody orders
Custody orders in respect to a child can only be reviewed if circumstances have changed.
Custody and MaintenancePRA
Parental Responsibility Agreements can be vitiated just like any other contract.
Custody and MaintenanceGITHUNGURI V GITHUNGURI
Court of Appeal decision that reaffirmed the Tender years principle.
Custody and MaintenanceFinancial Instability
A parent's financial instability does not automatically disqualify them for actual custody.
Custody and MaintenanceAccess Orders
Where a court makes custody orders in favor of a party it must make access orders also.
Custody and MaintenanceSEPARATION OF CHILD
Not in best interests separating a child from a parent who has had custody for long period of time.
Custody and MaintenancePHYSICAL ABUSE BY A PARENT
As a safeguard, courts must ensure an abusive parent is not granted custody of a child.
Custody and MaintenanceThe wishes of a mature child
The wishes of a mature child "above the tender years" maybe taken into consideration fully.
Custody and MaintenanceCustody by resident parent
Actual custody to a resident parent is critical to ensure the child's best interests are met.
Custody and MaintenanceException to Tender years rule
A mother's busy schedule is not an exceptional circumstance to the tender years rule.
Custody and MaintenanceBasis of seeking custody
The divorce or separation of parents is the basis for custody and maintenance cases
Custody and MaintenanceStay of execution
The convenience or inconvenience of parties is not a factor to consider in staying execution.
Custody and MaintenanceCustody matters continous
Custody and maintenance matters can be reopened even after judgment.