INTRODUCTION TO RIGHT TO VISITATION IN NIGERIA

When a marriage or relationship breaks down, one of the most sensitive questions that is asked moving forward, is who takes care of the child/children and how the other parent can remain part of their lives. And what the court uses to determine these rights, is simply, what is in the best interest of the child. This is where visitation rights comes in. Simply put, visitation rights are the legal rights of a parent (or in some cases, close relatives) to spend time with a child even where they do not have custody and the court finds it expedient for the parent or relative to be part of the child’s life.

In Nigeria, visitation rights are not about the convenience of the parents but about the best interest of the child, recently, an High court in Ogun state, while giving its judgement on a matrimonial matter, made declarations as to the visitation right of a party, and in that judgement, the court partially denied visitation based on the fact that, the party proposed that the child be brought to Kaduna from Lagos in order for him to see the child. 

The Honourable court denied the right because it is totally not in the best interest of the child to subject him to hours of road travel with the fear that he will be kidnapped. The law recognises  and expects that children deserve undivided love, care, and guidance from both parents, regardless of their marital status.

Mr. Stephen Otunba and Mrs. Sandra Otunnba(not real names)decided to get divorced after their marriage of 9 years broke down irretrievably. After the divorce proceedings was concluded, custody of their 7-years-old daughter was granted by the court to Mrs. Sandra. Mr. Stephen was worried that he would lose touch with his daughter and that she might grow up distant from him. He applied to the Family Court for visitation rights.

The court considered the child’s welfare, her schooling schedule, and her emotional needs which is in the best interest of the child. In the end, the court granted Mr. Stephen the rights to visit his daughter every other weekend and have her with him during part of the school holidays. This way, their daughter continued to enjoy the love and care of both parents even though they no longer live together.

This example shows that visitation is not about parents “winning or losing,” but about ensuring that children grow up emotionally balanced and cared for.

RIGHT TO VISITATION IN NIGERIA.

LEGAL BASIS FOR VISITATION RIGHTS IN NIGERIA

Visitation rights are covered under:

• The Matrimonial Causes Act (MCA): This act governs custody and related matters during divorce or separation.
• The Child Rights Act (CRA): This act provides that in every matter affecting a child, the best interest of the child must come first as stated in Section 1.
• Customary and Islamic Law: They are also laws recognized in Nigeria, though courts still apply the principle of the child’s welfare as paramount.

• Non-custodial Parent: This is usually the father or mother who does not live with the child. Either of the parent that does not have custody of the child.
•  Close relatives or Guardians: Visitation rights can be given to close relatives in very rare cases, if the court believes it is in the child’s best interest. Examples of close relatives are; Grandparents, Favorite uncles or aunts, etc.

1. File an application at the Court within the divorce, separation, or custody proceedings.
2. Provide evidence showing that maintaining contact with the child benefits their welfare.
3. Attend hearings where the court will hear from both parents and sometimes from the child, depending on age.
4. Obtain a court order specifying when and how visitation will take place. Such as weekends, holidays, or supervised visits.

The court does not automatically grant visitation. It looks at the best interest of the child:

• The age and needs of the child.
• The bond between the child and the applying parent.
• The conduct and lifestyle of the parent seeking visitation.
• The stability of the custodial home.

In Williams v. Williams, the Nigerian Court of Appeal stressed that decisions on custody and visitation must always be guided by what is best for the child, not the personal interests of the parents.

Sometimes, the custodial parent may refuse to allow visitation even after a court order. In such cases, the affected parent can:

• Return to court for enforcement of the order.
• File contempt proceedings against the parent who disobeyed the order.
• Request the court to vary or adjust the visitation arrangement.

PRACTICAL TIPS FOR PARENTS

• Remember that visitation is about the child’s right to have access to both parents, not just about parental privileges.
• Always keep disputes away from the child.
• If possible, explore alternative dispute resolution before going to court. It is cheaper and less stressful.
• Show responsibility, stability, and commitment to your child’s well-being.

Visitation rights play a crucial role in protecting children from the emotional harm of separation. In Nigeria, the law gives every child the right to enjoy the love and care of both parents, whether or not they live together. Parents who seek visitation must always present themselves as caring, responsible, and committed. At the heart of every visitation decision is one simple rule: the best interest of the child comes first.

CONRIBUTORS

Lead Partner EKO SOLICITORS AND ADVOCATES

Counsel EKO SOLICITORS AND ADVOCATES

ABIOYE OMOLARA OLUWATIMILEYIN

Intern EKO SOLICITORS AND ADVOCATES

RIGHT TO VISITATION IN NIGERIA, RIGHT TO VISITATION IN NIGERIA