Apply for child maintenance or custody at the Children's Court
The Judiciary · sources read 1 Oct 2026
A parent or guardian can ask the Children's Court for a maintenance or custody order at any Magistrate's court, or file online through Judiciary e-filing. You don't need to be divorced or married, and if it's urgent you can ask for an interim maintenance order.
- Fee
- We couldn't confirm a fee from the official page. Check it there before you pay.
- Where
- The Children's Court at any Magistrate's court (Milimani and Tononoka are dedicated Children's Courts), or online on Judiciary e-filing. Mediation: your nearest Children's Office.
What you need
- The child's details (name, age, where they live) and any relevant papers such as the birth certificate and earlier court orders
- If filing online: your case documents as PDF files
Steps
- If you can still talk to the other parent, you can first ask a Children's Office for mediation on maintenance, custody or visits. You can reach it through a Children's Office, a court, or the child helpline 116.
- To go to court, file at the Children's Court. Every Magistrate's court handles children matters.
- You can also file online on the Judiciary e-filing portal (efiling.court.go.ke) with an individual account, without a lawyer.
- If the child needs support now, ask the court for an interim maintenance order while the case goes on.
Watch out
- You don't need a divorce or any marriage case first. The court can order maintenance on its own.
- Both parents have equal responsibility for the child, whether or not the child was born in marriage.
- If the child is in danger (abuse, neglect, violence), child protection comes first, not mediation. Call 116.
Who can apply
- For maintenance: a parent, guardian or custodian of the child (or an authorised officer).
- For custody: a parent or guardian, among others the law allows.
- A child who is now 18 or older (for example still in school) can apply too, with the court's permission.
Official sources (4)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement No. 119 childrenservices.go.ke · read 1 Oct 2026
- Magistrate Courts judiciary.go.ke · read 1 Oct 2026
- Our Services childrenservices.go.ke · read 1 Oct 2026
- Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 1 Oct 2026