Ask “Mkenya” readers: Can My Child’s Father Deny me the Right to Travel to Kenya with my Son?

family, child, divorce

A Kenyan lady living in Germany is looking for your views on an issue. Have you been in such a situation or know someone who has? What is the best action to take?

Am a Kenyan living in Germany.  I have a son with a German father but we dont live together.  We have Joint custody since November 2014.  I was planning to visit Kenya on 3 December,  but the father literally took the child and kept him for one week,  though he has Visitation rights for 2 days.  He then applied for a ban to travel in Kenya,  citing reasons that I dont intend to return to Germany,  and wants to Keep the child in Kenya.  Actually I had informed the court during one of the Hearings that because of my father who has been sick we intend to be in Kenya for Christmas. 

Now to my shock he was granted the restriction on our travel,  and we are now restricted to remain only in German.  Any attempt to leave is punishable to a fine of 25000 Euros.  The Border Police have also been informed to make any Arrest if we try to cross any German border.  I have a normal resident visa,  my son has dual citizenship and Kenyan passport,  but the judge’s Argument is that I have no properties here to Show I can come back.

Anybody with any Information on my rights coz I feel this is a great miscarriage of justice? Or some Organisation/Family lawyers who can assist?

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