This archive report was first published on 9 October 2019.
On October 9, 2019, a father reached out to a legal expert with concerns about his ex-girlfriend's plans to relocate their five-year-old daughter to the United States.
According to the father, he has been paying maintenance for their daughter since her birth, but his ex-girlfriend insisted that he send money to her mother in Nakuru, Kenya, instead of directly to her, after she relocated to the city without their child in July 2018.
The father refused, emphasizing that he would send the maintenance directly to his ex-girlfriend, who could then forward it to her mother. Since then, his ex-girlfriend has blocked him and contacted him a month ago from the United States, stating that she plans to take their child abroad.
A legal expert responded to the father's concerns, acknowledging that many couples face similar dilemmas, and that the situation demands an agreement between the two parents regarding the child's residency.
The expert emphasized that both parents have joint and equal rights and responsibilities to care for their daughter, as provided for in the Constitution of Kenya. They also highlighted the principle of 'best interests of the child' in decision-making regarding the child's welfare and rights.
The expert suggested that the father and his ex-girlfriend negotiate a middle ground that takes care of the concerns of both parties, and that any agreement reached should be registered at the High Court. If this approach fails, they can invoke Article 159 2-C of the Constitution, which provides for alternative dispute resolution mechanisms, such as arbitration, mediation, reconciliation, and traditional dispute resolution.
As a last resort, the father can seek an injunction to prevent his ex-girlfriend from relocating with their daughter, file an application for custody, or seek interim custody of the child pending a full hearing and determination of the custody application.
