Monday 3 February 2014

MAINTENANCE V. GUARDIAN



There is good news for all single parents (father or mother) in case of a woman, if a man accepts that he was the one that impregnated you and accept the paternity of the child but fails in his responsibilities as a father, put him on notice and where he fails to take up his responsibility give the child to the next man but by following the laid down procedure by law. Men are also not left out, where a woman abandons a child for you; notify her of her responsibilities as a mother where she fails do the needful.

For the above to be practicable, let us look at this scenario.

 Mr.X impregnates Mrs. B, Mr. X did not deny impregnating her but refused to take up responsibility of basic maternity needs and upon delivery he named the child and that was all, all effort to make him pay for basic needs like food and shelter proved abortive ,neither did he show any concern about the welfare of the innocent child. The innocent child is denied the right to family life as a result of irreconcilable differences between his/her parents. 

Every child deserves a childhood; it is only experienced once in a life time so why should a man/woman for his/her selfish reasons deny any child this rights provided for under the law.

Section 19 of the Child Rights law 2007 Lagos law states that parents ,guardians, institutions, persons and authorities having responsibilities 
for maintenance,upbringing,education,training,socializing,employment,rehabilitation and training for children in their care such as will equip the children to secure their assimilation, appreciation and observance of the responsibilities set out in this law.

The laid down procedure is by guardianship, a person other than the father or mother of the child can be privileged to be a guardian where the court is furnished with the necessary requirement laid down by section 67 of the child’s right law of Lagos state 2007 which states that the court shall not grant an order for the child to be delivered to the parent unless the court is satisfied that the parent is a fit person to have the custody of the child where the parent has (a) abandoned or deserted the child (b) allowed the child to be brought up by another person at the expense of that other person ,for such a length of time and under such circumstance to satisfy the court that the parent was unmindful of his parental responsibilities.

Where the above can be proved the court will grant guardianship of the child to the person applying if he falls within the category of a fit and proper person which is at the discretion of the court.

Please note that a woman who has deserted the husband for no just cause does not fall under this category neither does a man who sends the wife parking and not allowing her access to the child will be favored .

If you have a child you have refused to take care of for I will advise you take up responsibility today or wave byeeeeeeeeee to your child.

Contact us if you need to apply for guardianship of any child who is a victim of his/her birth.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons) BL

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