Child custody in Nigeria
Who gets custody after separation, how courts decide, and what happens when a parent takes a child abroad. Guides from child custody lawyers in Lagos.
As published in The Guardian 17 May 2022 · Law
Custodial rights: examining parental abduction under Nigerian law
By Adedayo Debo-Akande, Managing Partner
When parents separate, one may take a child away from the other, sometimes across borders. This article looks at how Nigerian law treats custody after separation, why the Hague Convention matters, how Canada and the United States respond, and what Nigeria should change.
Five things the article explains
- The child comes first. Under the Matrimonial Causes Act, the interests of the child are the court’s paramount consideration in custody matters.
- The Child’s Rights Act 2003 applies only where a state has adopted it. When the article was published, 24 states and the FCT had done so.
- Nigeria has not signed the Hague Convention on child abduction. So there is no treaty route to have a child returned to or from Nigeria.
- Canada and the United States treat parental abduction as a crime. The article compares their approach with Nigeria’s.
- Nigeria should accede to the Convention. The article ends with recommendations for reform, drawing on a real case.
Custody questions, one guide each
Each guide answers one question parents ask about child custody in Nigeria, written by a lawyer, with the law it relies on and what to do next.
01
Who gets custody of a child after divorce in Nigeria?
How courts weigh the child’s welfare, age and each parent’s circumstances.
Coming soon
02
Joint custody in Nigeria: what courts consider
Shared parenting, access and visiting arrangements.
Coming soon
03
Can a mother lose custody of her child in Nigeria?
The myths, and what actually decides custody.
Coming soon
04
Custody under customary and Islamic law
How the rules differ from a statutory marriage.
Coming soon
05
Custody when the parents were never married
Rights of unmarried fathers and mothers.
Coming soon
06
Can my ex take our child out of Nigeria without my consent?
What to do quickly if you fear a child will be taken abroad.
Read: our Guardian article
07
Relocating abroad with your child after separation
Getting consent or a court order before you move.
Coming soon
08
Child maintenance in Nigeria: who pays, and how much?
How maintenance is assessed and enforced.
Coming soon
Quick answers
General information only. Every family is different, so speak to a lawyer before you act.
Who decides custody in Nigeria?
The court, if the parents cannot agree. Its main concern is the welfare and best interests of the child.
Does the type of marriage matter?
Yes. Statutory marriages fall under the Matrimonial Causes Act. Customary and Islamic marriages follow different rules and may be heard in different courts.
What if my child has been taken abroad?
Act quickly and speak to a lawyer. Because Nigeria has not signed the Hague Convention on child abduction, getting a child back depends on the law of the other country and on court orders.
Is my consultation confidential?
Yes. Conversations with a lawyer about your family are confidential.
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