QUESTION: ABOUT CHILD CUSTODY:
Which law prevails in a situation where, a nigerian weds a Japanese lady in nigeria and they move to live in Japan and divorce when kids are still minors?
Who can take the children ?
The laws of Japan would determine who takes the children since the divorce was carried out in Japan. Generally, the best interest of the child is the utmost.
Thank you very much His honours, Rotimi Ogunlade & Associates for the above answer. This is very helpful. Thank you . But please, does this also apply to children above 18 years and what of a situation where the divorce is carried out in Nigeria but children and mother have returned to Japan. Can the man seek for his children to come back to nigeria ?
1 Answer from Attorneys
Under the matrimonial causes act a child is anyone below 18. Once a person is above 18 he can decide with which parent he wants to stay. Where the divorce is carried out in Nigeria the courts would specify the terms of the custody in its judgment.