[2009] KEHC 724 (KLR)

[2009] KEHC 724 (KLR)

The court found that the applicant failed to demonstrate a material change in circumstances sufficient to warrant a review of the existing custody order. The child has been in the respondent’s custody for nine years pursuant to valid court orders, and the evidence shows the respondent has continuously discharged his parental duties, providing for the child’s education, accommodation, and welfare. The child did not complain of neglect or mistreatment, and her reluctance to choose between parents was not indicative of trauma or a need to alter custody. The applicant’s allegations regarding the respondent’s care and her own improved circumstances were not substantiated by credible evidence....

Citation
[2009] KEHC 724 (KLR)
Parties
Petitioner: J.F.; Respondent: A.H.K.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
6 November 2009
Case Number
Matrimonial Case 49 of 2000
Procedural Posture
Matrimonial Cause / Ruling on Application for Review of Custody Orders
Outcome
application dismissed
Legal Topics
Child Custody, Best Interests of Child, Variation of Custody Orders, Access Rights, Parental Responsibility
Source Language
English
Family and Children Child Custody Best Interests of Child Variation of Custody Orders Access Rights Parental Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

J.F.

Petitioner

A.H.K.

Respondent

Procedural Posture

Matrimonial Cause / Ruling on Application for Review of Custody Orders

Legal Issues

  1. 1 Whether the circumstances since the original custody order of 2003 have changed sufficiently to warrant a review of custody of the child, I.N.F.
  2. 2 Whether the applicant (biological mother) has demonstrated good cause for reversal of the existing custody order in favour of the respondent (father).
  3. 3 What arrangement best serves the best interests and welfare of the child at her current age.

Ratio Decidendi

The court found that the applicant failed to demonstrate a material change in circumstances sufficient to warrant a review of the existing custody order. The child has been in the respondent’s custody for nine years pursuant to valid court orders, and the evidence shows the respondent has continuously discharged his parental duties, providing for the child’s education, accommodation, and welfare. The child did not complain of neglect or mistreatment, and her reluctance to choose between parents was not indicative of trauma or a need to alter custody. The applicant’s allegations regarding the respondent’s care and her own improved circumstances were not substantiated by credible evidence....

Court Disposition

application dismissed

Orders

  • The prayer to review the custody orders made on 4th April, 2003 is refused.
  • The prayer that permanent custody be granted to the applicant is refused.