ADVOKS GLOBAL · KENYA
The Children (Foster Care) (Practice and Procedure) Rules
40. Restriction on removal of the child from Kenya
Edition: 2024-10-18 · In force
40. Restriction on removal of the child from Kenya
(1)A foster parent, whether by virtue of placement at initial instance, or upon extension of period under these Rules, shall not remove the child from Kenya without first obtaining the leave of the Court.(2)Where there are previous or pending proceedings before the Court relating to the child, an application under this rule shall be made in the pending case by way of notice of motion supported by affidavit setting out the grounds on which the application is made, and shall be served on the Secretary, the institution that was involved in the foster care arrangements, and upon any other party as the Court may direct.(3)Where there are no previous or pending proceedings before the Court relating to the child, the application shall be made by originating summons in the prescribed Form No. FCR3 set out in the Schedule supported by an affidavit stating the factual circumstances and grounds upon which it is made.(4)The grant of leave under this rule shall be at the discretion of the Court and shall only be issued in exceptional circumstances having regard to —(a)the urgent needs of the child at the time that the application is made;(b)the need to protect the child from child trafficking and other harmful practices; and(c)the child’s best interests(5)Where the Court grants leave under this rule, it shall impose such conditions or restrictions as it considers appropriate.(6)Where a foster parent removes a child from the jurisdiction of the republic of Kenya pursuant to leave granted under this rule, the foster parent shall be required to produce the child to Court upon return.