All templatesCHILD CUSTODY AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made on the ______ day of ____________ 20____ BETWEEN Caroline Wanjiku Mbugua AND David Mbugua Kinyanjui (together "the Parents").
1. The children
The children of the Parents are Ethan Mbugua (aged 10) and Faith Mbugua (aged 7).
2. Custody
The Parents agree on joint legal custody, with actual custody of the children with Caroline Wanjiku Mbugua.
3. Maintenance
David Mbugua Kinyanjui will pay maintenance for the children of KES 45,000 monthly.
4. Best interests
This Agreement is made in the best interests of the children. The Court may vary it where that is reasonable and in their best interests.
5. Notices
A notice under this Agreement is given in writing and delivered or posted to the party at its address:
Family and personal
Child custody and maintenance agreement template (Kenya)
Also called: Child Custody & Maintenance Agreement
What it is for
Parents agreeing where a child lives and who pays for what.
The Kenyan law it follows
- Children Act Cap 141 — s.8 (the best interests of the child are the primary consideration), s.33 (parents not married to each other may make a parental responsibility agreement in the prescribed form), s.109 (a custody agreement between parents is not invalid, but the court will not enforce it against the child's best interests), s.110 (both parents have a joint duty to maintain the child), s.120 (the court may vary a maintenance agreement)
Who prepares it
You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.
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Sample child custody and maintenance agreement
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.