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Family & successionUpdated 2 min read

Child custody and maintenance under the Children Act 2022

Parental responsibility is shared, the child’s best interests come first, and maintenance is assessed on each parent’s means. A practical overview.

By Wakili Link Editorial

The Children Act, 2022 replaced the 2001 Act and sets the framework for custody, access and maintenance. One principle governs everything: the best interests of the child (Article 53 of the Constitution).

Parental responsibility

Both parents have parental responsibility, whether or not they were married. That responsibility covers the child’s care, education, health and maintenance. Separation does not end it.

Custody and access

Courts can award:

  • legal custody — decision-making over schooling, health and religion,
  • actual (physical) custody — who the child lives with day to day, and
  • access — time and contact for the other parent.

There is no automatic rule that a mother gets custody. Younger children are often placed with their primary caregiver, but the court weighs the child’s wishes (depending on age and maturity), stability, schooling and each parent’s circumstances.

Maintenance

Maintenance covers food, shelter, clothing, education and medical care. The court looks at:

  • the income and wealth of each parent,
  • the child’s needs and standard of living, and
  • any other children each parent supports.

Both parents contribute according to their means; it is not a burden on one parent alone.

Where to file

Children’s Courts (magistrates designated for children matters) handle custody and maintenance. Mediation is encouraged and is often faster and less adversarial.

Tips

  • Keep a record of school fees, medical bills and other expenses.
  • Communicate in writing where possible.
  • Do not withhold access as leverage — courts take a dim view of it.

This article is general information, not legal advice on your situation.

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    Child custody and maintenance under the Children Act 2022