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Can unmarried parents sign a parenting plan?

Children Act 2022 · sources read 4 Oct 2026

Yes. Parents who are not married to each other can sign a parental responsibility agreement, in the prescribed form, setting out each parent's duties to the child. It can be a parenting plan, and only a court can revoke or end it.

Where
Signed by the parents; mediation at a Children's Office (or call 116); disputes at the Children's Court in any magistrate's court
Go to the official site

Steps

  1. Agree together, in the best interests of the child, on each parent's duties and sign the agreement in the prescribed form.
  2. Cover the practical things: time with each parent, contact details, visits, holidays and school breaks, travel in and outside Kenya, health insurance, moving house and school decisions.
  3. If you cannot agree, the Children's Office offers mediation on care, access, co-parenting and school and health decisions. Reach it through a Children's Office, a court or the child helpline 116.
  4. To change or end the agreement, or if it is broken, go to the Children's Court. All magistrate's courts handle children matters.

Watch out

  • Neither parent can cancel it alone. Only a court order, on application by a person with parental responsibility or by the child with the court's leave, can revoke or end it.
  • Blocking the other parent's access in breach of the agreement, or taking the child away to stop it, is an offence: up to 1 year in jail, a fine of up to KSh 500,000, or both.
  • If you have the child and move house, tell the other parent the new address in writing. Not doing so is an offence: up to 1 year in jail, a fine of up to KSh 200,000, or both.

Who this covers

  • Parents of a child who are not married to each other.
Official sources (3)
  1. The Children Act, 2022 (No. 29 of 2022) childrenservices.go.ke · read 4 Oct 2026
  2. Magistrate Courts judiciary.go.ke · read 3 Oct 2026
  3. Services childrenservices.go.ke · read 3 Oct 2026

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