This archive report was first published on 4 June 2020.
June 4, 2020
As a father, there's nothing more distressing than being denied access to your child. This is the reality for many parents, including one father who reached out to us for help.
His story is a poignant reminder of the complexities of custody disputes and the importance of understanding the law. According to the Constitution of Kenya, Article 53 (1-e), a child has the right to enjoy protection and parental care from both parents, regardless of their marital status.
However, in this father's case, his daughter's grandfather has refused to release her back to him, citing unknown reasons. The father has tried to take the grandfather to court, but feels that his lawyer is compromised and has taken the grandfather's side.
So, what can this father do to regain access to his daughter? The law is clear: the best interests of the child must be prioritized. This includes considering the wishes of both parents, the child's relationship with each parent, and the ability of each parent to provide a stable and loving environment.
There are several avenues the father can explore to resolve this dispute. Firstly, he can try to have a direct discussion with his daughter's mother to reach a mutually beneficial agreement. If this fails, he can involve larger family representatives and the area children officer to negotiate a solution that allows him to access his daughter and agree on custody arrangements.
As a last resort, the father can file a petition in the children's court, where a magistrate will consider the various factors mentioned above to determine who should have custody of the child. It's worth noting that the court may also consider the sex and age of the child, with children of tender age often being left with their mothers.
Ultimately, the father's goal is to ensure the best interests of his daughter are met. By understanding the law and seeking legal aid, he can navigate this complex situation and work towards a resolution that prioritizes his daughter's well-being.
