A parental responsibility agreement provides parents who no longer live together, an amicable agreement that allows both of them to participate in the bringing up their children. Although the law does not define what a parental responsibility agreement is, our experience and knowledge helps us define the parameters, extent and nature of the agreement.
The agreement will identify the parents of the child as well as the name of the child/children. There is also a section that provides how the parents will share custody of the child. According to Article 53 (e) of the Constitution of Kenya every child has the 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 agreement specifies when each parent shall see the child whether it be during school time or holidays. The agreements should also include the extent that each parent will contribute to the expenses of the child guided by section 23 of the Children Act.
We advise that once parents have reached an agreement, they should have it registered and adopted in court as an order of the court. This ensures that the agreement is not violated without consequences. If one parent violates the agreement, then they may be liable to legal proceedings.
At Judy Thongori & Co. Advocates we are able to assist clients in drafting agreements that are in the best interest of the child and suitable for each parent.