Conditions for Review of orders
A review of court orders in children cases must abide with O.45 of the Civil Procedure Rules, 2010.
Custody and MaintenanceChange of schools
Changing a child from one school to another is not in their best interests.
Custody and MaintenanceSubstantial Loss
Denying a mother custody of a girl of tender years is evidence of substantial loss.
Custody and MaintenanceConsistent Routine
Children need a consistent routine including during weekdays. Access orders must be stable.
Custody and MaintenanceStay of Execution
Where there is no change of circumstances stay of execution will not be granted.
Custody and MaintenanceJurisdiction
A children's court cannot issue custody for children outside its jurisdiction.
Custody and MaintenanceStay of Execution
Application for Stay of Execution should be made without undue delay.
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 MaintenanceException to Tender years rule
A mother's busy schedule is not an exceptional circumstance to the tender years rule.
Custody and MaintenanceCustody by resident parent
Actual custody to a resident parent is critical to ensure the child's best interests are met.