Many people assume that because they are the biological parent of a child, they can take the child anywhere, at any time, without facing legal consequences.
Surprisingly, that is not always the case.
In certain circumstances, a parent who unlawfully takes, removes, conceals, or keeps a child away from the person who has lawful custody may be committing a criminal offence under Nigerian law.
Depending on the facts, such conduct could amount to child stealing, child abduction, kidnapping, or contempt of court.
When Can Taking Your Own Child Become a Crime?
A parent may face criminal or legal consequences if he or she does the following;
1) Takes a child in violation of a valid court custody order.
2) Removes a child from the lawful custody of the other parent or legal guardian without lawful authority.
Conceals a child to prevent the other parent or guardian from exercising lawful custody or visitation rights and or
3) Removes a child from Nigeria or another jurisdiction without the consent required by law or a court order.
Being the child’s biological parent does not automatically exempt a person from criminal or civil liability.
What Does the Law Say?
Section 371 of the Criminal Code Act defines stealing broadly as the fraudulent taking or conversion of anything capable of being stolen.
While child custody disputes do not automatically amount to “stealing,” Nigerian courts may treat the unlawful taking or detention of a child as a criminal offence where it violates custody rights or falls within offences such as child stealing, abduction, kidnapping, or related provisions under applicable laws.
In addition, the Child Rights Act 2003 places the best interest of the child as the primary consideration in every action concerning a child. Any parent or guardian who acts contrary to that principle or violates a lawful custody order may face legal consequences.
Why Does the Law Take This Seriously?
The law protects the welfare and stability of children. Once a court grants custody or guardianship to a particular person, every party is expected to obey that order until it is varied or set aside by a competent court.
Taking the law into your own hands instead of approaching the court can result in arrest, prosecution, fines, imprisonment, or other sanctions, depending on the circumstances of the case.
What Should You Do Instead?
If you believe a custody order is unfair or circumstances have changed, apply to the appropriate court to vary or review the custody order or seek legal advice from a qualified legal practitioner.
Never secretly take or hide the child from the lawful custodian.
Know Your Right
Being a biological parent does not give unlimited legal authority over a child.
Where custody has been determined by a court or by law, taking your own child without lawful authority can expose you to serious legal consequences.
Disclaimer: This article is for public legal education only and does not constitute legal advice. For advice on any child custody dispute, consult a qualified legal practitioner.
