In Kenya, parental responsibility agreements typically refer to legal agreements or arrangements made between parents (biological or adoptive) regarding the care, custody, and financial support of their children.
These agreements can be formalized to address various aspects of parenting, including custody, visitation, child support, and decision-making responsibilities. While there isn’t a specific legal document called a “parental agreement,” the agreements are often incorporated into various legal processes, such as divorce or separation proceedings.
Such a document can also outline the terms and conditions of child custody and visitation arrangements between parents who are no longer together. These agreements can be part of parenting plans or custody agreements.
Key steps involved in making a parental agreement in Kenya
- Consult with a Family Lawyer:
It’s advisable to consult with a family lawyer who specializes in family law matters, including divorce, child custody, and parental agreements. A lawyer can provide legal guidance and help you understand your rights and responsibilities.
2. Negotiation and Mediation:
Parents should attempt to negotiate and reach an agreement on matters related to child custody, visitation, and child support. Mediation may also be an option to facilitate discussions and come to a mutually agreeable solution.
3. Drafting the Agreement:
Once both parents have agreed on the terms, the agreement should be formally drafted in writing. The agreement should include clear and detailed provisions regarding child custody (physical and legal custody), visitation schedules, decision-making responsibilities, child support, and any other relevant issues.
4. Legal Review:
Have the agreement reviewed by your lawyer to ensure that it complies with Kenyan family laws and adequately protects the rights and interests of both parents and, most importantly, the best interests of the child.
5. Signing and Notarization:
Both parents should sign the agreement in the presence of a notary public or a commissioner for oaths. This adds a level of formality and legal validity to the agreement.
6. Filing with the Court:
Depending on the circumstances, you may need to file the parental agreement with the court, particularly if it is part of divorce or separation proceedings. The court may review and approve the agreement to ensure it is in the best interests of the child.
7. Enforcement:
Once the parental agreement is finalized and legally binding, both parents are expected to adhere to its terms. If either party fails to comply with the agreement, legal remedies may be pursued to enforce it.
It’s important to note that the best interests of the child are a primary consideration in Kenyan law. Courts will typically prioritize arrangements that promote the child’s physical, emotional, and psychological well-being.
Also, keep in mind that parental agreements can vary widely depending on individual circumstances, and legal advice from a qualified family lawyer is essential to ensure that the agreement is legally sound and appropriate for your situation.
Purpose of Parental Agreement
The primary purpose of a parental agreement is to ensure that the best interests of the child are met while providing clear guidelines for both parents regarding their roles, responsibilities, and access to the child.
Legal Framework
Parental agreements in Kenya are governed by the Children Act, which outlines the rights and responsibilities of parents concerning their children.
Content of Agreement
A parental agreement typically includes details such as custody arrangements (physical and legal custody), visitation schedules, child support, education, healthcare, and any other relevant matters pertaining to the child’s upbringing.
Mediation and Court
Parents can draft and agree upon a parental agreement through mediation or negotiation outside of court. However, if they cannot reach an agreement, they may need to go to court, and the court will make a determination based on the best interests of the child.
Enforcement
Once a parental agreement is finalized, it becomes legally binding. Any breach of the agreement can lead to legal consequences, and the court can enforce the terms outlined in the agreement.
Modification
If circumstances change, either parent can request a modification of the parental agreement. The court will review the request and make changes if deemed necessary to serve the child’s best interests.
Legal Assistance
It’s advisable for parents to seek legal advice when creating a parental agreement to ensure that it complies with Kenyan law and adequately addresses the child’s needs. We’d love to be of service to you in that regard.
At MMN Advocates, we pride ourselves in helping families overcome difficult moments by ensuring their children are well taken care of. If you’d like to know how we’d be of help, please do not hesitate to get in touch with us.
Remember that the specific details and requirements of parental agreements may vary depending on individual circumstances and the discretion of the court.
