Kenya, UK courts drawn into battle over child custody

A Kenyan musician is embroiled in a bitter child custody battle with his estranged spouse in a war fought in Kenya and the United Kingdom.

Shiv Singh Benawra and Charlotte Morris (pictured), a British national, are embroiled in litigation over their son's custody since 2015 when they separated.

Mr Benawra, in court papers filed in the UK, is accused of relocating with the boy to Nairobi and refusing to take him back to his mother Morris.

A UK Court requires Benawra to return his four-year-old son to UK after living with him here since 2016.

In 2017, he sued Morris in Kenyan courts seeking permanent custody and an exclusion order barring her from returning with the boy to UK in the event she accesses him.

The claims, both in Kenya and UK, give a twist and a stalemate on which orders ought to be followed. 

In UK court, Morris claimed that she had a deal with her estranged husband sometime in April 2016 that the four-year-old boy would come visit his paternal family in Kenya and would return to England after two months.

However, the UK court heard, the boy never returned.

Family court Judge Lieven issued orders in favour of the 24-year-old mother for the return of the boy in March, this year.

Justice Lieven’s orders were, however, ignored. She then took a drastic decision to have the private case run in the media, saying it might help compel the 29-year-old artiste to return the child.

Unlawful retention

“These wardship proceedings are brought by the mother and arise from the father’s unlawful retention of the child in Nairobi, Kenya, in June 2016 in fragrant breach of a UK court order and without the permission of the mother. The child is a British national and has lived in England from birth until April 2016. He is habitually a resident in UK,” a statement by Justice Lieven, seen by The Standard reads.

The two married in 2013 after a year’s relationship.

The court heard that Morris relocated to the UK in 2014 permanently, something which was allegedly agreed upon with Benawra.

He joined her after which, in 2015, their bliss ended and they separated.

Benawra made an application before the children’s court in England seeking to force Morris to make arrangements for custody of their son.

The court barred the two from taking away the boy from UK for more than 28 days without a written consent from the other partner.

Morris told the court she allowed the boy to leave with the father for at most 60 days. She testified that Benawra fell silent after the lapse of the time.

When her efforts to return the boy hit a dead end, including reporting to the police in England that the boy was being illegally retained in Kenya, she decided to travel to Kenya. 

The UK court heard that she managed to visit the boy and his father. This was, however, short-lived as she was served with a case filed in the children’s court in Kenya.

This case has not been settled to date.

It emerged that the UK court has made five orders for the boy to be returned since 2017, but that has not happened.