In Summary
  • You intend not to physically resist nor argue with her when she resurfaces from the “unknown place of transfer” to pick your son at the end of term three of school and invite legal redress approaches, for which you seek clarity.
  • While it is not in the purview of this platform to determine whose parental skills are superior among you, you raise four fundamental legal issues regarding children and parents.
  • Do you have a legal problem you would like addressed by a lawyer? Please email your queries to lifeandstyle@ke.nationmedia.com

Dear Sir,

I am the father of a four-year-old son.  His mother got a job transfer recently to a place she did not share with me and she was to take the child with her but I had already paid his third term school fees so he stayed behind with me.

She told me that I would stay with him only for this third term then she would come back for him once the schools close for the year.

She knows that I am a better parent than her but she says that she is the one with the right to live with the child. I won’t argue with her about that. I will let her take him.

My question is l: Can I claim the child back if she won’t be staying personally with him, because for the period have known her, she will most probably hand him over to her sister or her mother for schooling because she loves money?

Regards,

Jay

 

Dear Jay,

In your estimation, the mother of your four-year-old son demonstrates inadequate parenting skills, yet you are willing to let her take him.

You intend not to physically resist nor argue with her when she resurfaces from the “unknown place of transfer” to pick your son at the end of term three of school and invite legal redress approaches, for which you seek clarity.

While it is not in the purview of this platform to determine whose parental skills are superior among you, you raise four fundamental legal issues regarding children and parents.

One is the capacity for parenting between father and mother. Two, the principle and concept known as the best interest of the child.  Number three touches on the custody of a child caught between feuding parents, while four alludes to processes followed whenever such issues emerge.

For starters, Article 53 of the Constitution bestows equal parental responsibility to both parents whether they are married to each other or not.

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