Widower gets custody of his children forcefully taken away by in-laws

A man who has been fighting to get back his children taken away by his in-laws following his wife’s death was relieved on Monday when the Children’s Court in Eldoret granted his wish.

Senior Resident Magistrate Christine Menya directed EJM to assume custody of his two children after the death of their mother three months ago.

This followed an application by the two minors, aged 15 and 10, through their father.

In the request, the plaintiff had accused Ms ER, a sister of the deceased woman, and Ms LN, their mother, of forcefully taking custody of the children from him after his wife died, although he was their biological father.

Drama unfolded in court as the children told the court that they were more comfortable living with their father at their residential home in Eldoret than being forced to live with maternal relatives in their rural home in Uasin Gishu.

“We do not want to stay with our aunty and grandmother. They do not love us like our dad,” said one of the minors.

EJM, through his lawyer, told the court that his mother-in-law and sister in-law had taken the children without his consent.

The children echoed their father’s position, saying they were more comfortable living with their father. They claimed they were being subjected to brutality from their maternal relatives.

The minors, one in high school and the other in primary school, surprised the court when they said their father is more loving and caring than their maternal relatives.

“It is against the custom of our community to take away children from their father’s home while they are still mourning their mother,” said EJM.

The magistrate noted that the order was meant to safeguard the best interests of the children.

The court observed that the maternal relatives did not have a solid relationship with the children.

The children had been living with their parents until their mother died three months ago after a short illness. The couple had been together for 17 years.

The court certified the order urgent, saying the children’s education has been interrupted by the tug of war between the parties.

“The actual custody of the minors herein be vested in the plaintiff (father) pending the hearing and determination of this application and the main suit,” ordered the magistrate.

The court also ordered the defendant not to interfere with the children’s education.

Because of the custody dispute, the children’s schools had to enrol them in psychological counseling.

The hearing of the case starts on July 12.