BI v MHA [2018] KEKC 11 (KLR)
- Court
- KEKC
- Case number
- 11
- Citation
- [2018] KEKC 11 (KLR)
- Decided
- 29 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCustody DisputePostureApplication for reversal of custodyCoramHON. D. S. RATORI, CA – Okwaro
Holding
Custody of JM to applicant until age of 18 years
Facts
The applicant (BI) sought to reverse the custody of JM, a seven-year-old child, given to the respondent (MHA) after their divorce. The applicant alleged that the respondent denied her access to the child and that the child needed her care until age 18. The respondent opposed the application, stating that the applicant had been allowed access in holidays and that she was capable of raising the child.
Issues
- Custody of JM
- Maintenance
- School expenses
- Medical expenses
Reasoning
The court found the applicant suitable for custody due to the young age of the minor and her income compared to the respondent's. The respondent's delegation of custody to his old and sick mother and denial of access during holidays were considered.
Outcome
In favor of the applicant
Orders
- Custody of JM to applicant until age of 18 years
- Maintenance be borne by applicant
- School expenses of the child responsibility of respondent
- Child be enrolled to school and to also enjoy Islamic Religious studies
- Major medical expenses responsibility of both parties
- Minor medical expenses responsibility of applicant
- Applicant to cause the child access respondent during December holidays
Remedies
- No orders to costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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