A brief look at what the father's rights and responsibilities are under the Children Act, 2022
For many years, Kenyan fathers have felt sidelined in parenting decisions, especially after separation or divorce. Yet, the Children Act, 2022 marks a turning point, affirming that both mothers and fathers share equal parental rights and responsibilities, regardless of marital status. The law is clear: every child has the right to care and protection from both parents. Whether you are married, separated, or never married, the law empowers you to be present in your child’s life.
“Research and experience show that children thrive when both parents are involved”
Fathers Have Rights and Responsibilities
Key provisions include:
- Section 6: A child has the right to equal care from both parents.
- Section 31: Parental responsibility is shared equally between the mother and father.
- Fathers can apply for custody, access, or joint responsibility, with the child’s best interests as the guiding principle.
Even if as a father you do not live with your child, you are entitled to:
- Access and visitation rights to spend time with your child regularly.
- A voice in major decisions about health, education, religion, and welfare.
- Joint or full custody, depending on your child’s needs.
- Court-enforced rights if the other parent refuses to cooperate.
Moving from Conflict to Co-Parenting
When parents are in conflict, children suffer. Fathers often face hostility, limited access, or emotional gatekeeping. But it doesn’t have to be this way. Co-parenting is not just a legal strategy it’s a mindset shift. At EKC Advocates LLP, we help fathers:
- Negotiate parenting agreements that reflect their rights and duties.
- File for custody, access, or parental responsibility orders.
- Mediate disputes to avoid lengthy court battles.
- Enforce court orders where cooperation breaks down.
Research and experience show that children thrive when both parents are involved. Fathers offer emotional support, financial stability, and moral guidance. The Children Act, 2022 recognizes this truth and so should the courts, communities, and co-parents. Still, many fathers hesitate to pursue their rights due to fear of being dismissed or misunderstood. That’s why legal guidance is essential to turn intention into impact.
We understand that most fathers want peace not power struggles. Our approach emphasizes respectful engagement, child-centered solutions, and sustainable co-parenting models. If you’re a father navigating custody or access challenges, or seeking a peaceful way to co-parent, EKC Advocates LLP is here to help. We offer discreet, compassionate legal support designed to protect both your rights and your child’s best interests. 📞 Contact us today at eddah@ekcadvocates.com
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