Parenting doesn’t end when a relationship does. Whether you’re co-parenting after a breakup, navigating an unplanned pregnancy, or raising a child with someone you were never in a relationship with, clarity is everything.
That’s where the Parental Responsibility Agreement (PRA) comes in. It’s a written agreement between parents who are not living together, laying out how they will share duties, rights, and responsibilities toward their child. Think of it as a co-parenting blueprint—one that puts the child’s needs at the center and prevents unnecessary conflict.
What Is a Parental Responsibility Agreement?
Under Section 28(5) of the Children Act, 2022, a PRA is valid if it:
- Is in writing,
- Signed by both parents, and
- Witnessed by a third party.
Once signed, the agreement is legally recognized. However, to make it enforceable, it’s advisable to file it in the Children’s Court and have it adopted as a consent order. This gives the PRA the same weight as a court judgment, which can be helpful if either parent breaches the terms.
What Can Be Included?
A PRA is flexible and can be tailored to your family’s needs. Common issues covered include:
- Custody and residence (who the child lives with),
- Visitation or access schedules,
- Financial support (school fees, medical care, etc.),
- Decision-making authority (health, education, religion),
- Dispute resolution mechanisms (e.g., mediation or counseling).
When Should You Consider One?
- A PRA is especially useful:
- When parents were never married,
- After separation or divorce,
- When one parent wants formal acknowledgment of shared responsibility,
- To avoid or reduce disputes and ensure structured parenting.
Do You Have to Go to Court?
No—but it’s highly recommended.
A PRA is valid once signed and witnessed, but without court adoption, enforcing it in case of a dispute may require a fresh legal process. By filing it in court, you make it official and binding, offering protection for both parents and the child.
Can It Be Changed?
Yes. A PRA can be modified if both parents agree, or through a court application if there’s disagreement. It typically remains in force until the child turns 18, though special circumstances (such as disability) may extend that period.
Final Thoughts
A Parental Responsibility Agreement is more than a formality—it’s a tool for peace, consistency, and responsible parenting. It protects children from instability and helps parents avoid unnecessary legal drama. If you’re co-parenting, take the time to get this right. A well-drafted PRA could be the best gift you give your child after love.
Need help creating or formalizing a PRA?
We’d be happy to guide you through it. Reach out to Chepkirui Koech & Associates Advocates to schedule a consultation- We’re here to help you put your child’s best interest first.
Let’s parent better. Together.