If a father fails to provide financial support for his child, the mother or guardian can report the matter to various legal and governmental bodies for enforcement. Child support enforcement in Kenya is governed by the Children’s Act 2022, ensuring that every child receives the necessary financial care from both parents.
1. Children’s Court
The Children’s Court is the primary legal avenue for filing child support claims. You can initiate a case by submitting a petition requesting child maintenance. The court will assess the child’s needs and the father’s financial capacity before issuing a ruling on the amount to be paid.
How to File for Child Support in Children’s Court
- Visit the nearest Children’s Court.
- Submit a formal child maintenance application (Form JA 16).
- Provide supporting documents, including the child’s birth certificate and evidence of financial needs.
- The court will summon the father for a hearing and determine the child support amount based on income and expenses.
2. Directorate of Children’s Services (DCS)
The Directorate of Children’s Services (DCS) under the Ministry of Labour and Social Protection provides child protection services, including enforcement of child support.
How to Report to the DCS
- Visit your local Children’s Office.
- Lodge a formal complaint with the Children’s Officer.
- The officer may mediate between parents or refer the case to the Children’s Court.
3. The National Police Service
If a father outrightly refuses to pay child support despite court orders, you can report him to the police for non-compliance.
How the Police Handle Child Support Cases
- A mother can file a complaint at the nearest police station.
- Police can summon the father for questioning.
- If there is a court order, legal enforcement may follow, including possible arrest for contempt of court.
4. The Federation of Women Lawyers (FIDA Kenya)
FIDA Kenya offers free and affordable legal aid for women seeking child support.
Steps to Seek Assistance from FIDA Kenya
- Visit their offices or contact them online.
- Submit a complaint detailing the father’s failure to provide support.
- FIDA can provide legal representation and mediation services.
5. Legal Aid Services
If you cannot afford legal representation, organizations such as the Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN) and Kituo Cha Sheria offer legal assistance in child support cases.
What Happens After Reporting a Father for Child Support?
Once reported, legal procedures follow, which may include:
- Court Summons: The father is required to appear in court and respond to the allegations.
- Court Order: If the case is proven, the court orders the father to pay child support regularly.
- Salary Deduction Orders: The court may instruct an employer to deduct child support payments directly from the father’s salary.
- Consequences of Non-Compliance: Failure to obey court orders may lead to fines, property seizure, or even imprisonment.
Conclusion
Reporting a father for child support is essential to ensure a child’s welfare. The Children’s Court, Directorate of Children’s Services, police, FIDA Kenya, and legal aid organizations are key avenues to seek assistance. If you are facing challenges with child support, consider legal help to enforce your rights and secure your child’s future.
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