ADVOKS GLOBAL · KENYA
Children Act
107. Revocation of custody order
Edition: 2022-12-31 · In force
107. Revocation of custody order
(1)A Court may, on application in the prescribed form, revoke a custody order:Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or give an appropriate order pursuant to section 135.(2)The Court shall not proceed to hear an application made for the revocation of a custody order where a prior application made in that regard by the same applicant has been refused by that Court or any other Court of competent jurisdiction, unless—(a)in refusing the previous application, the Court directed that this subsection shall not apply; or(b)it appears to the Court that, by reason of a change in the circumstances, or for any other good reason, it is proper to proceed with the application.(3)The custodian of a child may apply to the Court for the revocation of any order made with regard to access to the child or with respect to the access and maintenance of the child.(4)Any other person on whose application an order in respect of access or maintenance of a child was made, or who was required under such an order to contribute towards the maintenance of the child, may apply to a Court for the revocation or variation of that order.(5)Any order in relation to access or maintenance in respect of a child who is subject of a custody order shall not cease to have effect on the revocation of a custody order unless the Court otherwise directs.(6)A custody order made in respect of a child, and any order in respect of access or maintenance of a child who is the subject of a custody order, shall cease to have effect when the child attains the age of eighteen years:Provided that the Court has power, on application made, to extend a custody, access or maintenance order beyond the child’s eighteenth birthday on such terms as the Court may deem fit.