The other parent is blocking me from seeing my child: what the law says
Children Act 2022 · sources read 4 Oct 2026
If a court order or a parental responsibility agreement gives you access to your child, the other parent commits an offence by blocking that access or taking the child away to stop it: up to 1 year in jail, a fine of up to KSh 500,000, or both. Without an order or agreement, you can ask the Children's Court for custody or access orders.
- Where
- The Children's Court at any magistrate's court (Milimani in Nairobi and Tononoka in Mombasa are dedicated Children's Courts)
Steps
- If you are not married to the other parent, you can both sign a parental responsibility agreement or parenting plan setting how the child spends time with each of you and a visitation schedule.
- Apply to the Children's Court. All magistrate's courts handle children matters.
- When the court gives custody to one parent, it can order that the other parent keeps rights over the child, including access on terms the court sets.
- If a court order or agreement is already in place and is being broken, blocking access is an offence that can be reported and tried in court.
Watch out
- The court decides custody and access by looking at the child's best interests, the child's own wishes (depending on age) and any risk of harm, not only what the parents want.
- The parent who has the child must tell the other parent in writing when the child's home address changes. Not doing so is also an offence (up to 1 year or a fine of up to KSh 200,000).
Who this covers
- A parent or other person who has access to a child, or parental responsibility, under a court order or a parental responsibility agreement.
- A parent or guardian can apply to court for custody of a child.
Official sources (2)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 4 Oct 2026
- Magistrate Courts judiciary.go.ke · read 3 Oct 2026