Kenyan Court Weighs US Custody Proceedings for Dual Citizen Child

A Kenyan High Court is currently involved in a complex international custody battle for a four-and-a-half-year-old boy with dual Kenyan and US citizenship.

The child’s maternal grandmother, MWM, is appealing a decision by a Nairobi magistrate who ruled that the boy should be returned to the US for custody proceedings there. MWM argues that the magistrate overlooked the child’s welfare and that neither parent is currently fit to care for him due to their preoccupation with the ongoing legal battle. She further accuses the child’s father of abandoning the family in 2019 and failing to provide financial support. The father, on the other hand, claims he has consistently contributed to the child’s well-being within the limitations imposed by MWM.

He presented evidence of a New York court order requiring him to pay child support but MWM disputes that he has actively participated in discussions regarding the child’s upbringing. The case becomes even more intricate due to the mother’s situation. Unemployed at the time, she brought the child to Kenya while seeking work in the US. MWM cared for the child until the mother’s financial situation improved. However, the mother currently resides in the US and is undergoing training that requires long working hours, making her unable to care for the child at present.

The Kenyan court acknowledges the mother’s child support case filed in New York before her relocation to Kenya. Considering the child’s dual citizenship and the ongoing custody proceedings in the US, the magistrate has determined that US courts are better positioned to make a custody decision. MWM contests this decision, arguing that the father’s lack of financial stability and alleged abandonment of the family in the US disqualify him from custody. The High Court’s upcoming hearing will determine whether the child will be returned to the US for custody proceedings or if the Kenyan court will assume jurisdiction.