IRB – Immigration and Refugee Board of Canada (Author)
In 15 July 2005 correspondence sent to the Research Directorate, an Immigration Attaché at the Kenya High Commission in Ottawa provided the following information:
The procedure for a Kenyan parent wishing to travel abroad with a minor child in the absence of or without the consent of the second parent is that a court decision giving that parent the full custody of the minor needs to be availed.
Under normal circumstances, for one parent to travel abroad with a minor child, the consent of the spouse is necessary. Where both parents have dispute over custody of the minor, court decisions prevail. Where there is no dispute, written consent of [the] spouse is sufficient (Kenya 15 July 2005).
Additional or corroborating information on this subject could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
Kenya. 15 July 2005. Kenya High
Commission, Ottawa. Correspondence from an Immigration
Additional Sources Consulted
The office of the Canadian High
Commission in Nairobi (Kenya) did not respond to a request for
information within time constraints.
Internet sites, including: Child
Rights Information Network (CRIN), Daily Nation, European
Country of Origin Information Network (ECOI), East Africa,
Kenya Times, UNHCR, UNICEF, United States Department of
Documentation required and procedures to be followed by a parent wishing to travel abroad with a minor child in the absence, or without the consent, of the second parent (July 2005) [KEN100302.E] (Response, French)