ADVOKS GLOBAL · KENYA
Children Act
81. Meaning of custody, care and control
Edition: 2019-01-18 · Repealed
81. Meaning of custody, care and control
(1)In this Part unless the context otherwise requires—(a)"custody" with respect to a child, means so much of the parental rights and duties as relate to the possession of the child;(b)"care and control" means actual possession of a child, whether or not that possession is shared with one or more persons;(c)"legal custody" means so much of the parental rights and duties in relation to possession of a child as are conferred upon a person by a custody order;(d)"actual custody" means the actual possession of a child, whether or not that possession is shared with one or more persons.(2)Where a person, not having legal custody of a child, has care and control of the child, he shall be under a duty to safeguard the interests and welfare of that child.(3)Where a person, not having legal custody of a child, has actual custody he shall be deemed to have care and charge of the child and shall be under a duty to take all reasonable steps to safeguard the interests and welfare of that child.(4)In this Act, unless the context otherwise requires, reference to the person under whom a child has his home refers to the person who, disregarding absence of the child at a hospital or boarding school and any other temporary absence, has care and control of that child.