CO-PARENTING MADE EASIER: PARENTAL RESPONSIBILITY AGREEMENTS

Co-parenting is a framework that facilitates the shared responsibilities of parents who are either divorced, separated or were never married.

A Parental Responsibility Agreement (PRA) on the other hand is a binding document that establishes clear parental roles and responsibilities. Its significance is underscored in the Constitution of Kenya and the Children's Act 2022 which emphasize the importance of ensuring the child's best interests.

The PRA provides clarity and structure in the parents' roles thus ensuring stability and routine for the child. Further, it prevents disputes by clearly detailing each parent's responsibilities and rights.

The PRA can be legally enforceable if filed and adopted by a court of law. This means that any breaches have legal consequences. This promotes accountability.

A comprehensive PRA should include the following terms;

1. Custody - this term would specify whether the custody is joint or sole and also outline who has residential custody and the visitation rights for the non-custodial parent.
2. Visitation Rights - defines the schedule for regular visits, holidays, special occasions and any other events that the parents may agree on.
3. Financial Responsibilities - this term describes how the parents contribute to the child's expenses, including housing, education, healthcare and extracurricular activities. It may be as detailed as specifying which parent caters for specific costs.
4. Decision-Making - outlines how decisions regarding essential aspects of the child's life such as education, health and religion will be made. It may bestow joint decision-making authority or designate one parent as the primary decision maker.
5. Dispute Resolution - provides mechanisms for resolving disputes so as to maintain a cordial co-parenting relationship.
6. Notification of changes - ensures ongoing communication between parents regarding important issues affecting the child such as relocations, changes in schooling, changes in contact information among others.

The Supreme Court of Kenya in the case of Mutheu Agatha Khimulu vs Raheem Mehdi Aziz Azad & 4 Others outlined the operational status of PRAs by emphasizing that a PRA remains in effect unless specifically revoked by a court order or the parties' mutual consent. Its rationale was that parental responsibility could not be extinguished before the child attains 18 years of age, the marital status of the parents notwithstanding.

PRAs are a tested and approved way of ensuring that both parents fulfil their responsibilities towards their child regardless of the status of the personal relationship between the parents themselves.

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