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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