Section 95 of The Children Act CAP 141: General principles with regard to proceedings in Children’s Court

(1) Where a child who has not attained the age of sixteen is a complainant oris otherwise brought before a children’s Court in proceedings under this Act or any other written law, the Court shall,...

(1) When considering any question with respect to a child under this Act, theCourt may summon and direct any person to prepare and present to it a report or statement containing such information in...

A court before which a child is brought, and especially where that child is not represented by an advocate, may appoint guardian ad litem for the purposes of the proceedings in question and to...

Unless otherwise provided under this Act, in any civil or criminal proceedings in a Children’s Court, an appeal shall lie— (a) in the first instance, to the High Court on points of fact and law;...

The Chief Justice shall make Rules to give effect to this Part.

(1) Where a person who does not have the legal custody of a child is entrustedwith the care and control of the child, the person is under a duty to safeguard the interests and welfare of the...

(1) A Court may, on the application of one or more persons qualified under subsection (3), make an order vesting the legal custody of a child in the applicant or applicants. (2) An order under...

(1) In determining whether or not a custody order should be made in favour of an applicant, the Court shall have regard to— (a) the conduct and wishes of the parent or guardian of the child; (b) the...

(1) Where an application for a custody order in respect of a child made by theperson with whom the child has, at the time the application is made, had his home for a period, whether continuous or not,...

(1) A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and...

If two persons have parental rights or duty vested in them jointly under a custody order, but cannot agree on its exercise or performance, either person may apply to the Court, and the Court may make...

(1) A Court may, on application in the prescribed form, revoke a custody order: Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or...

(1) The Court shall have power to make interim custody orders and may fromtime to time review, suspend or vary such orders. (2) The Court shall not make an interim custody order under sub-section (1)...

An agreement made between the parents of a child shall not be invalid by reason only that it provides that the father shall give legal or actual custody of the child to the mother or vice...

Unless the Court otherwise directs, and subject to any financial contribution ordered by the Court to be made by any other person, the following presumptions shall apply with regard to the maintenance...

(1) A parent, guardian or custodian of a child, or an authorised officer, may apply to the Court to determine any matter relating to the maintenance of the child and to make a maintenance...

The Court may make a maintenance order, whether or not proceedings for nullity, judicial separation, divorce or any other matrimonial proceedings have been filed by a parent of a child, or during...

The Court may order the person against whom a maintenance order is made to make a financial provision for the child by— (a) periodic payments; or (b) such lump sum payment, as the Court shall deem...

(1) The Court may make a maintenance order in respect of a child, including a child of the other parent who has been accepted as a child of the family notwithstanding the absence of an adoption...

(1) When a maintenance order is issued pursuant to this Part, the Court may, at the time of making the order, or from time to time thereafter, on being satisfied that the person in whose favour the...

(1) A maintenance order requiring financial provision to be made through periodic payments shall commence on the date of the application, or on such later date as the Court may direct. (2) An order...

(1) A Court may make an interim maintenance order, on the ex–parte application of any person and in so doing, may dispense with any notice required to be given to any person, if the Court is satisfied...

A Court may make an order and give directions regarding any aspect of the maintenance of a child including matters relating to the provision of education, medical care, housing and clothing for the...

In relation to an order made under section 116, the Court may— (a) impose such conditions as the Court deems fit; (b) vary, modify or discharge any order made under section 116 with respect to...

Where the parents, guardians or custodians of a child enter into an agreement, whether orally or in writing, in respect of the maintenance of the child, the Court may, upon application, vary the terms...

(1) Any person, including a child in whose favour a maintenance order has been made pursuant to section 111, may apply to the Court for the enforcement of the order and recovery of any sums due and...

(1) In this Part, "guardian" means a person appointed by will or deed by a parent of a child or by an order of Court to assume parental responsibility over a child on the death of the parent of the...

(1) On the death of the father of a child, the mother, if surviving, shall be theguardian of the child either alone or jointly with the guardian appointed by the father if any, but if no guardian has...

(1) Either parent of a child may, by will or deed, appoint any person to be the guardian of the child after that parent’s death. (2) The guardian of a child may, by will or deed, appoint another...

(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in the prescribed form in any of the following...

(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in accordance with the customs, culture or tradition of...

(1) The appointment of a guardian shall expire upon the child attaining the age of eighteen years, unless exceptional circumstances exist that would require a court to make an order that appointment...

(1) The appointment of a guardian under section 122 revokes any earlier appointment including an agreement made in an unrevoked will or codicil made by the same person in respect of the same child,...

(1) Where two or more persons acting as joint guardians to a child, or where thesurviving parent and a guardian acting jointly, fail to agree on any matter concerning the welfare of the child, any of...

A guardian appointed under section 122 and 126 shall have the same powers over the child, or over the estate of a child, as a guardian appointed by deed or will or otherwise under the Law of...

Where a guardian of the estate of a child, whether or not that guardian is also a guardian of the person of the child— (a) neglects to recover or safeguard the estate of a child, or (b) misplaces...

(1) Any guardian of the estate of a child who— (a) willfully or recklessly neglects to receive or safeguard any asset forming part of the estate, misapplies any such asset or subjects any such asset...

The Chief Justice shall make regulations to give effect to this Part, including rules of procedure directing the manner in which applications may be made under this Part.

(1) The Court may make any order under this Act or any other written law for the protection of a child in any proceedings concerning the welfare and upbringing of the child. (2) The persons qualified...

(1) The Court may from time to time where appropriate make any of the following orders— (a) an access order, which shall require the person with whom the child is residing to allow the child to...

(1) The Court may, either of its own motion or on application by any person for any order directing the care and protection of a child, make an order, in this Act referred to as a supervision order,...

(1) The Court may make an interim supervision order, either of its own motionor on application by any person— (a) where the Court has reason to believe that the living conditions of the child...

(1) A Court which has made a supervision order or an interim supervision ordermay vary or discharge the order on application by— (a) the child with the leave of the Court; (b) the parents or...

Where a Court makes an order pursuant to section 135(1) (c), (d) or (g), the Court may attach a power of arrest to the order, and the person named in the order shall be liable to arrest if he or she...

Any person who contravenes an order made under section 135, or who obstructs or unlawfully interferes with a person appointed by the Court in the execution of his duties under an order made under that...

The Court may— (a) from time to time review, vary, suspend or discharge any order made under this Part; or (b) revive an order after the order has been suspended or discharged.

For the purpose of this Part— "a child in need of care and protection" means a child who lives in difficult circumstances and needs to be protected from all kinds of neglect, abuse or...

A Children’s Court shall have jurisdiction to make an order or render judgment under this Part notwithstanding that any act, matter, thing or circumstances giving rise to such order or judgment did...

For the purposes of this Act, a child in need of care and protection includes a child— (a) who is an orphan and has no guardian; (b) who has been abandoned by their parent or guardian; (c) who is...

(1) Any person who has reasonable cause to believe that a child is in need of care and protection may report the matter to the nearest authorised officer, who shall take such steps as may be necessary...