ADVOKS GLOBAL · KENYA
Children Act
33. Parental responsibility agreement
Edition: 2022-12-31 · In force
33. Parental responsibility agreement
(1)Parents of a child and who are not married to each other may enter into a parental responsibility agreement, in the prescribed form, whereby both, in the best interests of the child, designate and agree on clear individual responsibilities towards the child.(2)An agreement under subsection (1) may be in the nature of a parenting plan in which the parents specify—(a)how the child or children shall spend time with each parent;(b)how the parents shall make joint decisions on matters relating to their respective parenting responsibilities, including religious upbringing;(e)holiday and school break schedule;(f)transport and travel within and outside Kenya;(g)responsibility for health insurance and healthcare services;(h)the need for notification of parental movement in cases where either or both parents relocate or change residence;(i)the manner in which decisions relating to the education of the child shall be made; and(j)the joint and several responsibilities expenses for extra-curricular activities of the child.(3)A parental responsibility agreement may only be revoked or terminated by an order of the Court made on application by—(a)a person who has parental responsibility over the child; or(b)a child, with the leave of the Court.(4)The Court may only grant leave under subsection (3)(b) if it is satisfied that the child sufficiently understands the nature and effect of the application made to the Court.(5)A person who, in breach of a parental responsibility agreement or any order of the Court—(a)hinders another person who has access to a child, or who has parental responsibility in respect of that child in accordance with such order or agreement, from exercising such access or responsibilities; or(b)abducts the child or otherwise prevents that other person from exercising such access or responsibilities in respect of the child,commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred thousand shillings, or to both.(6)A person who, having care or custody of a child in respect of whom another person has access or parental responsibility pursuant to a parental responsibility agreement or to an order of the court, fails to notify that other person in writing of the change in his or her residential address at which the child resides, commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two hundred thousand shillings, or to both.