I have considered the petition, the answer as well as the cross petition. I have evaluated the available evidence on record and I am of the opinion that the marriage between the parties has broken down beyond reconciliation and same is hereby dissolved.
The marriage certificate with licence No. KDC 37/12 is hereby cancelled.
The terms of settlement filed on the 23rd day of November, 2022 is adopted as part of the judgment of this court and the parties are abound by it. The terms are as follows:
a. That the marriage celebrated between the parties on 20th January 2012 be dissolved in accordance with law.
b. The parties shall share custody of the issues as follows:
i. Custody of the issues of the marriage be granted to the Petitioner with reasonable access to the Respondent every other weekend from Friday where the Respondent shall pick the issues from their school till Sunday 3:00pm where the Petitioner shall drop of the issues with the Petitioner.
ii. Custody of the issues during vacations shall be shared equally between the parties with the first half of the vacation being with the Respondent. In the case of vacations during the Christmas and New Year festivities, same shall be alternated yearly amongst the parties.
iii. That either party shall seek the consent of the other in writing by giving the other party seven (7) days’ notice if that party wishes to take any or both of the issues out of the jurisdiction for which consent shall not be unreasonably withheld.
iv. The celebration of the birthdays of the issues shall be alternated yearly by the parties and the party whose turn it is shall be solely responsible for the celebration, giving the other party reasonable time to spend with the issue. Father’s Day and Mother’s Day celebrations shall however be celebrated with the Respondent and the Petitioner respectively as and when they fall due.
c. That the parties agree that major decisions affecting Children's health, welfare, education and upbringing shall be made by both Parties, after discussion and consultation with one another. The only exception to this provision shall be that of an emergency reasonably necessitating immediate attention and decision-making.
d. That the parties shall have the right to unrestricted communication with the issues at reasonable hours as well as the unrestricted right to visit the school of the issues and participate in any Parent Teacher Association (PTA) roles and duties.
e. That Parties shall ensure that all i