Legal protection of children when parents divorce
Date
2021-01
Authors
Otieno, Natalie Adhiambo
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Article 45 of the Constitution of Kenya states that the family is a fundamental unit of the society and is therefore entitled to protection by the state. The Preamble of the Convention on the Rights of Child acknowledges that for the full and harmonious development of a child, they should grow up in a family environment, in an atmosphere of happiness, love, and understanding. One way family disruption can occur is through divorce. Divorce is the legal dissolution of a marriage. Over the years the frequency of divorce in the home has increased. As this increases more children are being impacted. Article 53(2) of the Constitution of Kenya states that in every matter concerning children, “a child’s best interest” is of paramount importance.
Description
According to the Marriage Act of Kenya, marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this act.1 In most countries’ marriage is a vital institution because it is a sanctuary for childbearing, a refuge for adversity and the basis of a successful culture Healthy marriages are good for children, as growing up in a happy home protects children from mental, physical, educational, and social problems”
.However, not all marriages are healthy, therefore detrimental to children’s
wellbeing as a result couples may choose divorce as the best option. Statistics in Kenya show
the number of marriages per 1000 persons has decreased, while the number of divorces has
increased