A child who has been entangled in a prolonged custody dispute with both of his parents has been granted the right to pick who he wants to live with after attaining the age of 18.
In issuing its decision, the Supreme Court stated that it is now up to FKA to determine whether he wants to meet his mother, with whom he has not had direct contact since 2015.
The Court highlighted that prolonged judicial fights between parents are never in the best interests of their children.
“Court disputes involving children are frequently selfish in nature, and it is easy to disregard the psychological and mental harm done to the child as a result,” the five judges said.
The child was born on February 12, 2004 to PN (mother) and MN (father).
The couple’s marriage was later dissolved in 2008.
Prior to the split, the two signed a parental responsibility agreement before the Milimani Children’s Court on May 15, 2008.
The agreement stated that both parents would have shared legal custody of the child.
The mother would have physical custody of the child, with the father having unrestricted contact with the child with notice.
Beginning July 1, 2008, the father was to secure the child’s educational needs, health care, and monthly maintenance of Sh115,000.
Six years later, the mother, who was living with the minor in Kenya, left the country to further her education.
