Legal protection of children when parents divorce

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.