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Showing posts from February, 2023

Navigating the Divorce Process in Kenya: A Guide for Parents and Children.

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Divorce is a difficult process for all parties involved, especially for parents and children. Navigating the divorce process in Kenya can be complicated and overwhelming. This guide provides an overview of the legal, financial, emotional, and practical considerations that parents and children need to know in order to make informed decisions throughout the process. It covers topics such as understanding the Kenyan divorce laws, preparing for court proceedings, dealing with assets and debts, managing child custody arrangements, finding support networks for both parents and children, and more. With this guide as your roadmap, you can feel more confident about taking on the challenges of divorce in Kenya. With acceleration by COVID-19, the rate of divorce is rising and many children are finding themselves to live in between two homes. The awareness of children's rights has seen many women seeking legal intervention which compels men to not only contribute financially, but also take tim...

Frequently Asked Questions on Child Support

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  How does child support work when you do joint (50/50) custody? In Kenya, child support is determined based on the child's needs and the parents' ability to provide financial support, rather than on the amount of parenting time each parent has. Therefore, if you have a joint (50/50) custody arrangement, it does not necessarily mean that you will not be required to pay child support. In a 50/50 custody arrangement, each parent is responsible for providing for the child during the time they are in their care. However, the court may order one parent to pay child support to the other parent based on factors such as the child's expenses, each parent's income, and the child's standard of living before the separation. If one parent earns significantly more than the other, they may be required to pay child support to ensure that the child's needs are adequately met. The amount of child support will be based on the child's needs and the paying parent's inc...

Does a Mother have More Rights Over a Child than a Father in Kenya?

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Source:Pinterest Does a mother have more rights over a child than a father? In Kenya, the Constitution and the Children Act 2022 recognize and protect the rights of both parents and the best interests of the child. Both parents have equal rights and responsibilities when it comes to their children. The law does not give preference to one parent over the other based on their gender. However, there have been cases where some cultural practices and customary laws have given more preference and power to the mother in matters of child custody and decision-making. This is often due to deeply ingrained beliefs and biases that perceive the mother as the primary caregiver and nurturer of children. Nonetheless, it is important to note that these practices are not legally recognized and cannot be used to infringe on the rights of either parent. In summary, both parents have equal rights and responsibilities in Kenya, and the law does not discriminate based on gender.   The ...

Is my Child's Entitled to their Father's Name on the Birth Certificate if we are Unmarried?

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On May 26th, 2016, the High Court made a ruling stating that women are now allowed to register the names of fathers of children born outside marriage on the birth certificate without their consent. According to Lady Justice Mumbi Ngugi, all birth records may now include the father's name. Additionally, the court declared Section 12 of the Births and Deaths Registration Act to be unconstitutional. Source: Pinterest Why was Section 12 of the Births and Deaths Registration Act was considered unconstitutional? Because it was not aligned to the Constitution of Kenya 2010 Section 53, and the Children Act 2001 (currently 2022) which upholds equal parental responsibilities toward a child whether parents are married or not. Part III, Section 32 (1) of Children Act 2022, states that: “the parents of a child shall have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a superior right or claim against the other in exerc...

Is a child entitled to their parent's inheritance during divorce, or after divorce?

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Under Kenyan law, children do not typically inherit property directly after a divorce. However, depending on the specific circumstances, children may indirectly benefit from any property division or other financial arrangements made between their parents during a divorce. In Kenya, divorce laws are governed by the Matrimonial Property Act, which provides for the division of marital property between spouses after a divorce. The law recognizes both matrimonial property, which is property acquired during the marriage, and separate property, which is property owned by one spouse before the marriage or acquired by gift or inheritance during the marriage. The Act provides that, in the event of a divorce, matrimonial property should be divided equally between the  spouses,  unless a court orders otherwise.   Source:Pinterest In some cases, a court may order one spouse to pay child support to the other spouse for the maintenance of the children. This child support may include...

Co-Parenting During Joint Custody Tips for Separated Parents.

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Co-parenting after obtaining child custody or access can be a challenging and emotional process, but it is essential to ensure that your child feels loved, supported, and secure. Co-parenting can be beneficial for children, but creating new arrangements after a relationship breakdown can be challenging. There are various issues to consider, such as both parents wanting more time with the child, or one parent not wanting to see the child. Living arrangements and practical considerations also need to be addressed. In order to co-parent effectively, both parents need to make clear decisions, with a focus on what is best for the child, and be willing to compromise. Source: Pinterest What is Co-parenting? Co-parenting refers to the practice of both parents playing an active role in their children's daily lives, except in cases where there are issues such as domestic violence or substance abuse. It is considered the best way to meet all of the children's needs and maintain close rela...