AGADVOKS GLOBALKENYA · ENGLISH
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Children Act

154. Access to children in care

Edition: 2022-12-31 · In force

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154. Access to children in care

(1)In determining the terms of a care order, the Court may—
(a)consider any prior arrangements made by the Secretary for allowing any person access to the child during the period within which the care order remains in force;
(b)grant leave to any person to make submissions in the proceedings to the arrangements referred to in paragraph (a); or
(c)give such directions as the Court considers appropriate for reasonable access to the child.
(2)Unless the Court otherwise directs, reasonable contact shall be allowed between the child and—
(a)the child’s parent or guardian;
(b)any person who has parental responsibility in respect of the child;
(c)the relatives of the child; or
(d)such other person as the Court may direct.
(3)The Court shall not make an order under this section authorizing any person to have contact with the child if the Court is of the view that such contact is detrimental to, and not in the best interest of, the child.
(4)Where the Court makes an access order under this section, the Court shall determine the frequency and duration of access to the child subject, however, to such conditions as the Court may consider appropriate.
(5)The Court may, on the application of the child, the Secretary or other authorised officer, make an order directing that any person named in the order shall not have access to, or contact with, the child to whom the order relates.
(6)A Court making a contact order under this section has power to vary, suspend or discharge the order, or revive the order after it has been discharged, on such terms as the court shall deem fit.
(7)An access order made under this section shall not remain in force in relation to a child who has attained the age of eighteen years or after the date of discharge of a care order.
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Source: Kenya Law