In situations where a child’s parents have divorced or are separated, the parents can enter into a parental responsibility agreement as a way of setting up “management”of the child’s well-being.

Section 23 of the Children’s Act describes parental responsibility as the duties, rights, powers, responsibility and authority which a parent has over a child.

Parental Responsibility can arise through:

1. A situation where the child’s parents were married to each other at the time of the birth. Under these circumstances the parents automatically acquire equal parental responsibility of the child.
2. In situations where the child’s parents were not married to each other at the time of the birth, the mother assumes parental responsibility in the first instance and the father could assume responsibility through a court order or a parental responsibility agreement.
3. In situations where the parents of the child have been cohabiting for a specified period of time and the father has acknowledged the paternity of the child or has maintained the child. He shall acquire parental responsibility of the child.

We at Mahia-ini Consultancy Services will walk you though the process of drafting and executing the Child Maintenance Agreement.