Are you a responsible parent?

I have been reading your articles about children and parental responsibility and I kindly request for more information regarding this.
Definition

Parental responsibility means all the duties and responsibilities a parent has over their child, and the rights, powers, and authority which a parent may exercise over a child.

The duties include providing food, shelter, clothing, medical care, and education. It also includes the duty to protect the child from neglect, discrimination, and abuse.

The rights of a parent in relation to their child include the right to determine the name of the child and to give parental guidance in religious, moral, social, cultural, and other values. It also includes the right to arrange or restrict the emigration of the child from Kenya and to arrange for the burial or cremation of the child upon their death.

Who has parental responsibility?

The Constitution stipulates that the father and mother of a child have equal responsibility to provide for the child, whether they are married to each other or not.

The Children’s Act explains the issue of parental responsibility in detail. First, where the parents were married at the time of the child’s birth, both parents have parental responsibility for the child.

Second, where the parents were not married at the time of birth of the child but have subsequently married each other, both parents have parental responsibility for the child.

Third, where the parents of the child were not married at the time of the birth of the child and have subsequently not married each other, the mother has parental responsibility at first instance. In this case, the father acquires parental responsibility by:

(a) Acknowledging paternity of the child.

(b) Providing for the child.

(c) Applying to court for an order stating that he has parental responsibility over the child.

(d) Entering into a parental responsibility agreement with the mother, stating that he is responsible for the child.

Finally, where the child’s father and mother were not married to each other at the time of the child’s birth, but have subsequently cohabited for a period which amounts to at least 12 months, the father acquires parental responsibility.

Once parental responsibility is acquired by both parents, neither the father nor the mother of the child shall have a superior right or claim against the other in terms of responsibility towards the child.

Parental responsibility agreement

This is a written agreement between a father and a mother, stating how they will share responsibility over their child. It addresses issues such as custody, access, and maintenance of the child. It is advisable to register the agreement with the court so that it takes effect as a court order.

This agreement may only be brought to an end by an order of the court upon an application by either parent of the child or by the child. However, the child must first obtain the permission of the court to make the application.

Extension of parental responsibility
This may be extended beyond the 18th birthday of the child where the circumstances require such extension. In this case, the application for such extension may be made by the child, parent, or relative. The court may also extend parental responsibility on its own motion without any application being made.

Circumstances where parental responsibility may be extended include where the child is still in need of money for education or medication.

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