Child Custody & Guardianship

Child Custody

Custody determines which parent or guardian has actual possession and control of the child in accordance with the law. We seek court orders on custody arrangements and access orders and advise on considerations the court takes into account when making custody orders. Talk to us on visitation arrangements and voluntary custody agreements. We also advise and go to Children’s Court for custody orders in the context of divorce proceedings whether ongoing or contemplated. We advise and provide legal services to both men and women.

Child Maintenance/Support

Child maintenance refers to the money and resources designated from a parent’s income and assets for the mandatory child care costs including education, medical costs, entertainment and welfare. We will assist you in a suit seeking for the other parent of your child to pay for the maintenance of the child which is a parental responsibility to be shared equally amongst parents. We also advise on enforcement of maintenance orders and court amendment of maintenance orders that have already been issued by the court to take into account prevailing economic circumstances and improved financial situation of a parent. We advise both men and women on childcare maintenance.

Child Guardianship

Guardianship orders are issued where a parent is missing or dead allowing the guardian to exercise parental responsibility and care over children. We obtain guardianship orders on behalf of persons taking care of children. We also help you seek guardianship orders to facilitate passport applications for children where no parent is within Kenya and the child is residing in Kenya.

We advise on testamentary guardians for your children under Wills and in the event you die, your children shall be left with someone to take care of them under the relevant provisions of the Children’s Act of Kenya.

Parental Responsibility Agreements

Parental Responsibility Agreements are agreements between parents – usually those who are either not a couple or are separated or divorced. They cover all aspects and issues relating to how children will be raised and are taken on as court orders to make them binding. We draft parental responsibility agreements and file them in court to help you avoid disputes when raising a child – on issues ranging from child maintenance, the child’s religion, the child’s schooling, the child’s sports activities etc – and any relevant issues you may want agreed upon pertaining to the raising of the child.