According to the Constitution of Kenya, under Article 53(e), every child has a right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not.
The Children’s Act (Act No.29 of 2022) provides that parents who are not married to each other may enter into a Parental Responsibility Agreement. This is a legally recognized document where both parents agree on clear individual responsibilities toward the child, always acting in the child's best interest.
Essential Contents of an Agreement
A parental responsibility agreement is essentially a Parenting Plan that specifies:
- Time Sharing: How the child will spend time with each parent.
- Joint Decisions: How major decisions (e.g., religious upbringing, education) will be made.
- Schedules: Detailed visitation, holiday, and school break schedules.
- Logistics: Transport and travel arrangements within and outside Kenya.
- Healthcare: Responsibility for health insurance and medical services.
- Communication: Contact information and notification requirements if a parent relocates.
- Extracurriculars: Joint responsibility for expenses related to the child's activities.
Termination and Offences
How can an agreement be terminated?
A parental responsibility agreement can only be revoked or terminated by a Court Order. This application can be made by anyone with parental responsibility or by the child themselves (with court permission).
Common Offences in Child Access
- Hindrance: Preventing a person with access from exercising their responsibilities.
- Abduction: Preventing access or removing the child without consent.
- Failure to Notify: Changing the child's residential address without notifying the other parent in writing.
Please EMAIL us at legal@ombogo.co.ke or CONTACT us on +254 703 741276 if you need professional assistance in drafting a Parental Responsibility Agreement.
