IN the historic decisions of the Milimani Court in Kenya and one court in America, they have accepted the request of a father to live and take care of his 22-month-old son (one year and 10 months).
The father, is an Engineer working in the state of North Carolina. His estranged wife is a doctor who works in the state of Texas, America. These two separated and began a dispute over who should raise and take care of their baby boy.
Violence spread from America to this country. In September 2023, the engineer sued his wife in the high court of the state of Carolina and also in the Milimani Court in Nairobi, after finding out that his wife had hidden his son in this country.
In those two cases, the decision was that the father should be handed over to his son to raise him. In the decisions of the resident judge of the court to decide children’s cases Mrs. Maureen Wanjiku Kibe and Judge James Bedford of the Supreme Court of Wake County in the State of North Carolina in America, the plaintiff was allowed to raise and take care of his son because his wife is cruel and has mental problems .
In those decisions, Mrs. Kibe and Judge Bedford said the child is young, and deserves to be brought up well and sent to school by his father. The child who had been smuggled from America was hidden by the grandmother of the complainant’s wife. In the decision of the Milimani court in Nairobi, Ms. Kibe ordered the father to take care of the child and send him to school as well as pay for his treatment in case he falls ill.
Judge Bedford ordered the male parent to have custody of the child but to allow his estranged wife to see the child for half an hour. The wife, who Judge Bedford was told has mental problems, has been ordered to request permission to visit the child 14 days before the visitation date.
The courts said the plaintiff’s wife is the boy’s mother and she will be free to consult about education and the hospital where he will be treated if he falls ill. The father was the one who was given the exclusive permission to accept his son’s travel certificate without involving his wife.
