INTERNATIONAL ABDUCTION OF CHILDREN BY PARENTS: A CALL FOR LEGISLATIVE ACTION IN NIGERIA

Abstract

Marriages could break down irretrievably. The eventual residence of the children of broken marriages is 
usually contested. A major concern in divorce proceedings is the custody of children. Custody is usually 
awarded to either party on agreed terms, with the court giving attention to the best interest of the children. 
Parties are not denied access to the children except the court believes such access would not be in the best 
interest of the children. Thus, the situation presented by the abduction of children by one party is one of 
utter disregard for law and order and an infringement on the inherent rights of the other party. This paper 
examined the Hague Convention on Civil Aspects of International Child Abduction 1980, which is the 
international legal framework put in place to protect and ensure that children abducted by a parent and 
taken to another country are returned to their habitual residence. The paper also considered the United 
States of America and Australia, which have enacted local legislation that deals with the international 
abduction of children by parents.  The paper identified that Nigeria has not acceded to the Hague 
Convention. It was also discovered that, unlike the United States of America and Australia, Nigeria has no 
specific legislation that deals with the international abduction of children by parents. Suggestions that 
Nigeria should take legislative action by enacting local legislation to address international abduction of 
children by parents and ratifying and domesticating the Hague Convention.