procedure," the Partner of the Nigerian law firm practicing family law stated that
their law firm "can only make" the following recommendations:
1. It is generally recommended that a parent intending to travel out of the
country with a child in absence of the other parent should have a document
evidencing consent from the other parent. This would forestall any consequent
delay that might arise from the departure from Nigeria or entry into the arrival
country.
2. The document should be signed by the non-accompanying parent and should
include:
1. Statement of consent of the non-accompanying parent to the travelling
parent;
2. Relevant details of the travelling parent and bio details of the child;
3. Full contact details of the parent not travelling, and copy of government
issued ID;
4. Travel details, i.e., travel dates, airline and country of destination.
3. May be notarised for authentication purposes, especially for presentation in
the arrival country. (Nigerian law firm 28 Sept. 2020)
2.1 Divorced Parents
The Partner who practices immigration law stated that the divorce document would
explain which parent has custody and the terms of such a custody arrangement, and
in cases where the divorce is pending or a claim for custody has been filed, neither
party can travel with a child from that relationship except by mutual agreement
(Partner 30 Sept. 2020). In correspondence with the Research Directorate, a doctor
who lectures at the Faculty of Law at Nnamdi Azikiwe University in Awka, Nigeria
and who has conducted research on children's rights in divorce and custody matters,
indicated that
in a divorce case where joint custody or custody to one parent with access or visiting
rights to the other parent is ordered by the court, consent of the other parent is
required for the request of issuance of [a] visa; in a case where sole custody is
awarded, consent will not be required since custody is awarded in the best interest
and welfare of the child, but the other parent will be notified. Documents to
establish divorce and custody, which are Order of Decree Nisi [1] and for custody of
the child, will be required. Where divorce is pending, or custody has been filed,
consent of the other parent is required, because both parents still have equal
custody and parental rights of the child. (Doctor of Law 29 Sept. 2020)
An overview of family law in Nigeria, prepared by members of a Nigerian law firm
[2] and published by Thomas Reuters Practical Law [3], states that if a parent with a
child custody agreement wishes to take a child "out of the jurisdiction,"
the permission of the other parent is required because custody is based on certain
established facts. Relocation will always change the dynamics of the facts, including:
Accommodation and education for the child.
Earning capacity of the custodial parent
Visitation Rights for the other parent.
The other parent can therefore challenge removal without permission. (Etomi and
Asia 1 May 2019, 18)
Responses to Information Requests - Immigration and Refugee Board of... https://www.irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?...
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