31 Dec

FAMILY LAW 2.1 ANCILLARY RELIEFS (1) GENERAL INTRODUCTION

ANCILLARY RELIEFS.   Kindly read through this Jide amateur example/excerpt: Jide, the Managing Director of Owo Oil Company went to inspect the company’s exploration site at Delta. While in Delta, he fell in love with Titi who sells Akara and Bread at the site. One day, while inspecting the Site, he calls Titi and buys […]

31 Dec

FAMILY LAW 2.2 MAINTENANCE (ANCILLARY RELIEF 2)

                             MAINTENANCE. Maintenance in this sense connotes support. E.g. #20,000 per month to the wife upon divorce. Maintenance under Section 70 of the Matrimonial Causes Act is an ancillary relief which the High Court may grant in favour of either party of the marriage and (or) children of the marriage. Meaning that the wife or […]

31 Dec

FAMILY LAW 2.3 CUSTODY (ANCILLARY RELIEF 3)

CUSTODY. A divorce or separation has far-reaching effects on the parties and children of the marriage. The issue of custody comes into play where a child (or children) was begotten from a union which now wants to divide. The question is; who should keep the child? Custody is the care, control and maintenance of a […]

31 Dec

FAMILY LAW 2.4 SETTLEMENT OF PROPERTY (ANCILLARY RELIEF 4)

SETTLEMENT OF PROPERTY. Property in this context can be seen as anything of value owned by either or both of the spouses at the date of their separation. Unlike division of property, settlement of property is an equitable intervention of the court. As noted earlier, (by virtue of Section 69 and 72(3) Matrimonial Causes Act) […]

31 Dec

FAMILY LAW 2.5 DIVISION OF PROPERTY (ANCILLARY RELIEF 5)

DIVISION OF PROPERTY. ONLY “marital property” can be divided/shared. Unlike in settlement where any can. Marital property is property acquired by either or both of the spouses during their marriage. In Kowalezuk V Kowalezuk, the court held that despite the fact that the wife contributed to the maintenance of the house, it could not be […]

31 Dec

FAMILY LAW 2.6 GUARDIANSHIP

GUARDIANSHIP. A guardian is a person that is formally placed in loco parentis to a child by appointment. The “child” in this context is an unmarried person below 21 years. Appointment may be for the child or his property. A guardian may be; Appointed by parent(s) (Testamentary). Appointed by the court. Guardian ad litem. Testamentary […]

31 Dec

FAMILY LAW 2.7 LEGITIMACY AND LEGITIMATION

LEGITIMACY AND LEGITIMATION. The status of a child in relation to his parents has far reaching legal effects. LEGITIMACY: A child is legitimate if he/she was born in lawful wedlock–Lawal V Younan. “Lawful wedlock” means lawful/valid marriage (whether Statutory, Customary or Islamic). It follows that a child conceived and born outside lawful wedlock is illegitimate […]

31 Dec

FAMILY LAW 2.8 CHILD ABUSE, LABOUR AND NEGLECT

CHILD ABUSE, LABOUR AND NEGLECT. Parents have a right to the service of a child… however, where can the dividing line be drawn? Who is a child? Blackslaw Dictionary defines a child as a progeny offspring of parentage whether born or unborn. According to the Child Rights Act 2003 a child is a person who […]

31 Dec

FAMILY LAW 2.9 ADOPTION

ADOPTION. The Area is very scattered as the laws differ from territory to territory. Adoption is the process whereby the legal relationship between a child and his biological parents is severed and re-established between the child and his adoptive parents (third parties). Where people assume the position of parents in respect of a person who […]

31 Dec

FAMILY LAW 2.10 FOSTERING

FOSTERING. A child that is not properly cared for by his parents can be taken away to a foster home or institution where proper care and nurturing can be given to him. Part 11 of the Child Rights Act provides for fostering. Section 101 Child Rights Act and Section 27 Children and Young Person’s Law […]