It is increasingly common to hear stories about a spouse relocating abroad with the children of the marriage without seeking the other parent’s consent. Recently, we secured injunctive orders for a client who was apprehensive that their estranged spouse was planning to relocate to the United Kingdom with their children. Our firm has also handled several cases involving similar concerns.
Here are some steps you can take to prevent your estranged spouse from relocating abroad with your children without your consent:
- Secure the children’s passport documents or ensure they are kept with a neutral party you and your estranged spouse respect.
- Contact an experienced mediator to coordinate the negotiation of a Child Custody Agreement between you and your estranged spouse that would be filed in Court as a consent judgment.
- If mediation fails, file a lawsuit seeking the custody of your children. If a custody or divorce lawsuit is already pending before the court, file an application seeking an order of injunction preventing your estranged spouse from relocating abroad with the children.
- Notify the Nigeria Immigration Service about the pendency of your lawsuit and your apprehension regarding your estranged spouse’s impending relocation with your children.
- Write to the relevant embassy to inform them about your lawsuit and concerns.
- Gather clear and convincing evidence showing that your estranged spouse plans to relocate abroad with your children, as the Court will not grant an injunctive order if there is no legal basis for it.
While we generally advise our clients that child custody and welfare issues are best resolved through negotiation and mediation, it is essential to take proactive measures if an agreement cannot be reached between the parties.
It should be noted that this publication is for general information only. It is not offered as advice on any particular matter, whether legal, procedural or otherwise. If you have any questions about the issues raised in this publication, please send an email to foa@abdu-salaamabbasandco.com.