Child custody: a study of the application of the best interest standard

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dc.contributor.authorMuragu, Jane Wanjiru
dc.date.accessioned2021-12-20T10:44:23Z
dc.date.available2021-12-20T10:44:23Z
dc.date.issued2020-11
dc.descriptionFollowing a divorce or an unprecedented estrangement of a cohabiting couple, one of the main question of determination is on custody of the children. As set out in section 81 of the Children Act, there are two types of custody; legal custody and actual custody. 4 The Children Act defines legal custody as being constitutive of the parental rights and duties conferred to a custodian regarding the possession of a child. 5 Actual custody is defined as the actual possession of a child regardless of whether it is by one person or jointly by more persons. 6 The Act also sets out that the interests of the children are shall be given paramount consideration in matters relating to them.en_US
dc.description.abstractChild custody with respect to a child, means so much of the parental rights and duties relating to the possession of the child after dissolution of a marriage. 1 The best interest principle has been at the heart of all custody cases in Kenya since the commencement of the Children Act in 2001. Since the matter involves the right of the children 2 , it is the duty of the Kenyan courts to protect the rights of the children involved. 3 The principle provides that the best interests of the child to be given primary consideration in all matters concerning a child. As such, it is left to the discretion of judges to determine what it entails. The judicial discretion accorded by the principle is very important in determining custody arrangements.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12402
dc.language.isoen_USen_US
dc.publisherStrathmore Universityen_US
dc.titleChild custody: a study of the application of the best interest standarden_US
dc.typeLearning Objecten_US
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