The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court

Kenneth Kaunda Kodiyo

doi:doi:10.11648/j.ijsts.20221003.11

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The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court

Kenneth Kaunda Kodiyo

Published in International Journal of Science, Technology and Society (Volume 10, Issue 3)

Received: 5 January 2022 Accepted: 28 January 2022 Published: 7 May 2022

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Abstract

From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children’s rights. However, when it comes to a child’s health, this obligation is sometimes fulfilled to the child’s harm rather than for the child’s benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child’s best interests. Given the stringent and time-consuming procedures connected with some countries’ courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don’t take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child’s right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child’s legislation to allow health providers to consider the child’s best interests in an emergency without resorting to the courts.

Published in	International Journal of Science, Technology and Society (Volume 10, Issue 3)
DOI	10.11648/j.ijsts.20221003.11
Page(s)	82-92
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Responsibility of Parents, Children Rights, Health Worker, Courts System, Kenya, Comparative Study

References

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[6]	Ellison Hahlo HR; K, The South African Legal System and Its Background (2nd Edition, Juta Legal and Academic Publishers 1973).
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[10]	Jarrett T, ‘Children: Child Arrangements Orders – When Agreement Cannot Be Reached on Contact and Residence (Great Britain)’ accessed 10 October 2021.
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[12]	MAXWELL ME and KELSEY G, ‘SECOND PARENT ADOPTION: SAME-SEX AND THE BEST INTEREST OF THE CHILD’ (2014) 37 Journal of Health and Human Services Administration 260.
[13]	Md S and PhD (Cand.), ‘Parental Responsibility and Child Maintenance in Kenya: The Role of the Children's Court’ accessed 7 October 2021.
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APA Style

Kenneth Kaunda Kodiyo. (2022). The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. International Journal of Science, Technology and Society, 10(3), 82-92. https://doi.org/10.11648/j.ijsts.20221003.11

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Kenneth Kaunda Kodiyo. The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. Int. J. Sci. Technol. Soc. 2022, 10(3), 82-92. doi: 10.11648/j.ijsts.20221003.11

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AMA Style

Kenneth Kaunda Kodiyo. The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. Int J Sci Technol Soc. 2022;10(3):82-92. doi: 10.11648/j.ijsts.20221003.11

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@article{10.11648/j.ijsts.20221003.11,
  author = {Kenneth Kaunda Kodiyo},
  title = {The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court},
  journal = {International Journal of Science, Technology and Society},
  volume = {10},
  number = {3},
  pages = {82-92},
  doi = {10.11648/j.ijsts.20221003.11},
  url = {https://doi.org/10.11648/j.ijsts.20221003.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20221003.11},
  abstract = {From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children’s rights. However, when it comes to a child’s health, this obligation is sometimes fulfilled to the child’s harm rather than for the child’s benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child’s best interests. Given the stringent and time-consuming procedures connected with some countries’ courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don’t take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child’s right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child’s legislation to allow health providers to consider the child’s best interests in an emergency without resorting to the courts.},
 year = {2022}
}

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TY  - JOUR
T1  - The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court
AU  - Kenneth Kaunda Kodiyo
Y1  - 2022/05/07
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N1  - https://doi.org/10.11648/j.ijsts.20221003.11
DO  - 10.11648/j.ijsts.20221003.11
T2  - International Journal of Science, Technology and Society
JF  - International Journal of Science, Technology and Society
JO  - International Journal of Science, Technology and Society
SP  - 82
EP  - 92
PB  - Science Publishing Group
SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20221003.11
AB  - From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children’s rights. However, when it comes to a child’s health, this obligation is sometimes fulfilled to the child’s harm rather than for the child’s benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child’s best interests. Given the stringent and time-consuming procedures connected with some countries’ courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don’t take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child’s right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child’s legislation to allow health providers to consider the child’s best interests in an emergency without resorting to the courts.
VL  - 10
IS  - 3
ER  -

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Author Information

Kenneth Kaunda Kodiyo

Department of Private Law Department, University of Pecs, Pecs, Hungary

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APA Style

Kenneth Kaunda Kodiyo. (2022). The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. International Journal of Science, Technology and Society, 10(3), 82-92. https://doi.org/10.11648/j.ijsts.20221003.11

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ACS Style

Kenneth Kaunda Kodiyo. The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. Int. J. Sci. Technol. Soc. 2022, 10(3), 82-92. doi: 10.11648/j.ijsts.20221003.11

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AMA Style

Kenneth Kaunda Kodiyo. The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court. Int J Sci Technol Soc. 2022;10(3):82-92. doi: 10.11648/j.ijsts.20221003.11

Copy | Download

@article{10.11648/j.ijsts.20221003.11,
  author = {Kenneth Kaunda Kodiyo},
  title = {The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court},
  journal = {International Journal of Science, Technology and Society},
  volume = {10},
  number = {3},
  pages = {82-92},
  doi = {10.11648/j.ijsts.20221003.11},
  url = {https://doi.org/10.11648/j.ijsts.20221003.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20221003.11},
  abstract = {From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children’s rights. However, when it comes to a child’s health, this obligation is sometimes fulfilled to the child’s harm rather than for the child’s benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child’s best interests. Given the stringent and time-consuming procedures connected with some countries’ courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don’t take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child’s right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child’s legislation to allow health providers to consider the child’s best interests in an emergency without resorting to the courts.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court
AU  - Kenneth Kaunda Kodiyo
Y1  - 2022/05/07
PY  - 2022
N1  - https://doi.org/10.11648/j.ijsts.20221003.11
DO  - 10.11648/j.ijsts.20221003.11
T2  - International Journal of Science, Technology and Society
JF  - International Journal of Science, Technology and Society
JO  - International Journal of Science, Technology and Society
SP  - 82
EP  - 92
PB  - Science Publishing Group
SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20221003.11
AB  - From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children’s rights. However, when it comes to a child’s health, this obligation is sometimes fulfilled to the child’s harm rather than for the child’s benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child’s best interests. Given the stringent and time-consuming procedures connected with some countries’ courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don’t take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child’s right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child’s legislation to allow health providers to consider the child’s best interests in an emergency without resorting to the courts.
VL  - 10
IS  - 3
ER  -

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