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There are several signals that the crash of a marriage is imminent, and one of them is when a spouse suddenly leaves the matrimonial home with the children of the union without any intention of returning.
Here are some steps you can take if your spouse leaves your matrimonial home with the children of the marriage with no intention of returning:
- Reach Out for a Resolution: Contact your spouse's relatives or parents to discuss the situation, since your spouse may not be willing to have any meaningful discussion with you. The objective of the discussion is to find out if the marital dispute can be resolved amicably or if your spouse is willing to reach some form of binding agreement with you regarding the custody, maintenance and access to the children.
- File a Formal Report at the Police Station: If you do not receive a positive response from your estranged spouse or their relatives regarding your children's safety and well-being, it is important to make a formal report at the nearest police station to your matrimonial home. The goal of this report is to ensure the safety of your children and estranged spouse, and not for you to make any criminal allegations against your spouse, use the instrumentality of the police force to arrest them, harass them or forcefully remove your children from their custody. It should be noted that section 24 of the Child Rights Law of Lagos State and section 277 of the Criminal Law of Lagos State do not envisage a situation where a parent would be accused of abducting their children. However, this is merely a general rule, as the applicability of the sections would be dependent on the peculiar facts of every given case.
- File a Lawsuit for Custody or Access: File a lawsuit at the Family Court seeking custody or access to your children. While the lawsuit is pending, you may also file an application for interim access to your children.
- Prevent International Relocation: If you suspect that your spouse might relocate abroad with your children, it is crucial to notify the Nigeria Immigration Service or the relevant embassy about your lawsuit and concerns.
- Avoid Self-Help: Do not resort to any form of self-help, as this might jeopardise your chances of obtaining a favourable court order regarding your children. In Okobi v. Okobi (2020) 1 NWLR (Pt. 1705) 301, the Court refused the father's request for custody of the children of his marriage to his wife because he resorted to self-help and contravened a valid order of the Court by abducting the children from the custody of their maternal grandparents.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
