Notice of Motion for Custody and Access to Child

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Document Overview

A Notice of Motion for Custody and Access to a Child is a formal written request made to the Children’s Court in Kenya asking the court to issue specific orders concerning who should have custody, care, and control of a child, and how each parent (or guardian) can access or visit the child.

The purpose of the Notice of Motion is to:
1. Protect the best interests of the child, as required under Article 53(2) of the Constitution of Kenya and Section 4(2) of the Children Act, 2022.
2. Seek legal direction when parents or guardians disagree on who should care for or access the child.
3. Allow the court to issue interim or permanent custody and access orders, ensuring the child’s welfare, education, and emotional needs are safeguarded.

A Notice of Motion for Custody and Access may ask the court to:
- Grant legal and physical custody of the child to the applicant.
- Allow the other parent reasonable access (visitation rights).
- Restrain a parent from removing the child from the court’s jurisdiction.
- Grant interim custody orders pending hearing of the main suit.
- Make any other order in the best interests of the child.

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Notice of Motion for Custody and Access to Child

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