Asian couple in custody battle as man seeks unrestricted access to children

A couple of Asian origin is locked in a bitter legal dispute over custody and maintenance of their two children aged one and three years.

The man, identified in court documents as J.V, has filed a petition at the Eldoret Law Court against his former wife, N.A., seeking unrestricted access to the children, arguing that he should be allowed to visit them at any time without conditions.

J.V. told the court that the children, a boy and a girl, are currently living with their mother in Eldoret City, Uasin Gishu County, and urged the court to grant him access to them.

Appearing before Senior Resident Magistrate Kimani Mukabi, J.V. claimed that his efforts to see the children had been frustrated by his ex-wife, whom he accused of being influenced by her family members.

He further told the court that he had not seen or spoken to the children since last year, following his divorce from N.A. over what he described as persistent family disagreements.

The petitioner asked the court to consider granting him full custody, insisting that he is financially capable of providing for the minors.

“Yes, Your Honour, we had been living peacefully with my former wife, but after divorcing her she has been blocking my access to the children. I work in Nairobi while she relocated to her mother’s home in Eldoret. It is not easy living without your family,” he said.

J.V. maintained that contrary to claims that he had neglected the children’s upkeep, he had been supporting them financially since the separation. He alleged that he had been sending money for their maintenance, including a monthly transfer of Sh15,000 for shopping, which he claimed was returned to his mobile phone.

However, N.A. disputed his account, telling the court that her former husband had not contributed to the children’s upkeep since January.

“Your Honour, how can someone claim to send Sh15,000 when he has enough money? I know how much he earns,” she said.

She urged the court to compel J.V. to provide for the children’s needs, including medication, education, transport and school-related expenses. She added that, as the children are below 18 years, she would continue catering for rent and ensuring their general welfare.

N.A. also denied blocking access to the children, stating that she had allowed him to see them after the divorce, but later reconsidered after alleging he once took one of the children without informing her.

“If it were not for the court, he would not have returned the boy,” she told the court.

She further accused J.V. of a history of mistreatment during their marriage, claiming she endured verbal abuse in front of the children and his mother.

The court directed both parties to file their submissions ahead of judgment. The matter will be mentioned on July 28, 2026.