Tuesday 11 November 2014

CHILD CUSTODY II


I got this from one of my contacts on BBM , Please read below his question.

Good evening Lawyer, I am a divorcee i have a son age ten with my ex-wife, we got married at the Ikoyi registry and we were later separated in court, my ex-wife was granted custody of our only child Semilore, i did not want the custody of the child because I feel it will be better for the child to be with his mother but told the court I am ready to take responsibilities which i have been doing ever since the marriage was over six years ago. The court ordered that I can have access to my son reasonably.

Recently, i got a letter from my ex-wife’s lawyer stating that her intention to relocate with our child to the United Kingdom, i was confused as to what to do because i see this as a total denial of my right to see my child from time to time because i do not have visa to the United neither have i been outside Nigeria, Please what are my rights .thanks you.

LEGAL CLINIC

Thank you for being part of the Legal Clinic we are at your service any day......lol

This your question bothers on child custody, i have earlier discussed child’s custody on this information portal, both parent have equal right to child/children of the marriage in case of divorce except the court feel otherwise in the interest of the child, the interest and well being of the child is paramount.

The ex-wife acted in accordance with the law by putting you on notice of her intention to go outside the country with your child, it is now left for you to either agree or disagree but reasons why you are against it i.e. like you have stated in your question that you do not have the required visa to travel abroad to visit your child, which is a good reason.

This can be done through a legal practitioner, then the parties in the presence of their lawyers guiding them to reach a consensus , one of which may be that the child will at every holiday visit his dad in Nigeria to spend the holiday at the expense of both parties and that settles it.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

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