CHILD CUSTODY AND PARENTAL ABDUCTION IN NIGERIA: A MYTH OR A REALITY

Abstract

Most parents who live apart negotiate custody arrangements on their own or with the help of lawyers, mediators, or other professionals. However, psychologists and other mental health professionals increasingly have become involved in evaluating children and families in custody disputes, because of the large number of separated, divorced, and never-married parents and the substantial conflict that often accompanies the breakup of a family. Theoretically, the law guides and controls child custody evaluations, but the prevailing custody standard (the “best interests of the child” test) is a vague rule that directs judges to make decisions unique to individual cases according to what will be in children's future (and undefined) best interests. The aim and objective of this paper is to explore the intricacies involved in child custody and parental abduction in Nigeria. The findings of this research are a. the grant or refusal of custody varies on divergent circumstances though guided by legal enactments b. Parental abduction though possibly carried out in Nigeria still constitutes a grey area of the law c. Childs rights as per custody is still alien in Nigeria despite the Childs Rights Act being promulgated in Nigeria. Doctrinal research methodology was applied as enactments and books were analyzed in the course of this research work.