Factors courts consider when granting custody of children.

By -

This is a creative blog,and as much as I wanted to restrict myself from getting my profession involved, I still found my mind, guilty of the act.

A colleague of mine is going through a harsh divorce and she came to me, to ask about how they will go about splitting their children. I mean, am not yet an Advocate of the High Court, but I honestly cannot turn down a sister! So I thought I share here so that she can benefit as well as my readers who may be going through a similar situation.

First things first, let us find out, who can be granted custody under the Children’s Act. Custody can be granted to parents of the child, guardian or it can be granted to any person who applies for custody with the consent of a parent or guardian and that person must have had actual custody of the child for a period of at least 3 months preceding the application. These are the factors considered when a court is deciding on whom to be the custodian of the child or children.

In cases of divorce, separation the most affected party is the child, a very sad situation. My opinion on the same would be that you stay together till the children are old enough to handle such situation, but that’s just my opinion.
In determining consideration of custody, the court is required to have regard to certain factors or certain principles:

1. The conduct and wishes of the parent or guardian of the child;
2. The ascertainable wishes of the relatives of the child;
3. The ascertainable wishes of any foster parent or any person who has had actual custody of the child for the last 3 years preceding the application;
4. The ascertainable wishes of the child
5. Whether the child has suffered any harm or is likely to suffer any harm is the order is not made.
6. Customs of the community to which the child belongs;
7. Religious persuasion of the child;
8. Whether any other order has been made in relation to the child that is the care order, supervision order, protection or exclusion order and whether that order remains in force;
9. the circumstances of any siblings of the child and of any other children of the home; and
10. Best interests of the child. A definition of the best interests of the child is given under Section 4(3) (4) of the Act. That section firstly says that in all actions concerning children the best interest of the child shall be of primary consideration and in (3) it is stated that any action will be considered to be in the best interest of the child if it is calculated to firstly safeguard and promote the rights and welfare of the child. If it is aimed at conserving and promoting the welfare of the child and if it is aimed at securing for the child such guidance and correction as is necessary for the welfare of the child and in the public interest. (this is a nebulous definition and leaves a lot to the discretion of the court to determine what is in the best interests of the child, said to be a disadvantage of these standards, but it has also been argued that it has its own advantages the most important being that it is now focusing on the need of the child, which is of paramount consideration but it is said that it is difficult to apply since there is no uniformity. If depends on different factors and on a case to case basis.

Finally the Act in cases of custody on divorce the Act specifically provides under Section 83(3) that in any case where a decree for judicial separation or divorce is pronounced, if the court pronouncing the decree finds the parent by reason of whose misconduct the decree has been given is unfit to have legal custody, then the parent so declared unfit shall not upon the death of the other parent be entitled to legal custody of the child except with the leave of the court. In other words the conduct of parents just like in Common law is critical when granting custody of children.

This is provision under the Children’s act, of the Laws of Kenya.

Terms differ a slightly under the following:

1. Custody of children under customary law
2. Custody of children under Islamic law.


Thank you guys for hanging. Always feel free to leave any feedback. Let me know what you think. Want more on lifestyle topics? Here http://kenyankinks.com/category/lifestyle/

Subscribe: for I post a New Article every Friday. Live, Love laugh and Lake! xx

Also Let’s catch up on here:

Facebook https://www.facebook.com/Kenyankinks/?ref=bookmarks

YouTube: https://www.youtube.com/channel/UCGwtPDRGZuUVo_NUy0Mk2LQ

Instagram: https://www.instagram.com/kenyankinks/

Twitter: https://twitter.com/IreneKamau78

To go back to the Hair Category: http://kenyankinks.com/category/hair/

To go back to the Lifestyle Category: http://kenyankinks.com/category/lifestyle/

Irene K

1,605 Comments to Factors courts consider when granting custody of children.

  1. I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to find out where u got this from. many thanks|

  2. Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how can we communicate?|

  3. What’s Happening i’m neᴡ too thіѕ, I stumbled upon his Ι’ve found It
    positively usеful and it has helped me ouut loads.
    І hope to gіve а contribution & assist other ᥙsers like itѕ aided me.
    Ԍood job.

  4. [url=https://mortgage.us.org/]mortgage[/url] [url=https://home-loans.us.org/]home loans[/url] [url=https://reversemortgage.us.org/]reverse mortgage lenders[/url] [url=https://home-loans.us.com/]home loans[/url] [url=https://livesex.us.com/]live sex chat[/url]

  5. [url=https://livesex.us.com/]free live sex[/url] [url=https://reversemortgage.us.org/]reverse mortgage[/url] [url=https://homeworkhotline.us.com/]need assignment help[/url] [url=https://mortgage.us.org/]mortgage lenders of america[/url] [url=https://home-loans.us.org/]home loan refinance[/url] [url=https://home-loans.us.com/]new zealand home loans[/url] [url=https://mortgagerates.us.com/]mortgage rates 15 year[/url] [url=https://va-loan.us.com/]va loans rates[/url]

  6. [url=https://mortgagerates.us.com/]mortgage rates[/url] [url=https://homeworkhotline.us.com/]online homework[/url] [url=https://home-loans.us.com/]home loans[/url] [url=https://home-loans.us.org/]best refinance home loans[/url] [url=https://livesex.us.com/]free live sex[/url] [url=https://mortgage.us.org/]mortgage lenders[/url] [url=https://reversemortgage.us.org/]reverse mortgage companies[/url]

  7. [url=https://ventolin90mcg.com/]generic ventolin[/url] [url=https://fluoxetine20.com/]buy fluoxetine[/url] [url=https://clomidforwomen.com/]clomid for men[/url] [url=https://sildenafilx.com/]sildenafil for women[/url] [url=https://tadalafil5mg.com/]tadalafil tablets[/url]

  8. I would like to thank you for the efforts you’ve put
    in penning this blog. I’m hoping to view the same high-grade content by you in the future as
    well. In truth, your creative writing abilities has encouraged me to get my very own blog now 😉

  9. Normally I do not read article on blogs, however I would like to say that this write-up very compelled me to check
    out and do it! Your writing taste has been surprised me.
    Thank you, very great article.

  10. Should your motive this is to find out paintings
    for sale Melbourne or paintings on the market Brisbane, unfortunately nevertheless, you
    can’t find it here. in April 22, 1560, he explained:
    ” Your Majesty, you’re invincible and hold the world in awe. Then it does not matter when it is heads or tail, one can predict the ultimate results.

  11. It is common to get the ornamental painting and
    sculptures with shapes depicting an appealing blend of different elements from the
    artist’s religious, physical and cultural background.
    Waterslide paper emerged in clear or white however clear is
    a bit more preferred, considering that any type of unprinted locations about the image may
    be clear. Then it is not important if it’s heads or tail,
    one can predict the ultimate results.

  12. Should your motive here’s to find paintings available
    for sale Melbourne or paintings on the market Brisbane, unfortunately
    however, you can’t see it here. A vector path, it
    doesn’t matter what the twists and turns are, could
    be more elastic and scalable. Matisse also became the king in the Fauvism and
    was famous inside the art circle.

  13. Leonardo lived in their own measured rhythm, and constantly cared
    about the grade of his paintings completely ignoring some time it requires to achieve the task.

    Waterslide paper is provided in clear or white however clear is a bit more preferred, given that
    any kind of unprinted locations on the image is still clear.
    As modern humanity exposes their tanned skin during vacations they enjoy to show off their pictures in social networking websites.

  14. Whoa! This blog looks exactly like my old one! It’s on a completely
    different subject but it has pretty much the same layou
    and design. Superb choice of colors!

  15. I really like your blog.. very nicfe colors & theme.
    Did you create this website yourself or did youu hire someone
    to do it for you? Plz answer back as I’m looking to create
    my own blog and would like to find out where u got this from.
    many thanks