Can A Child Sue His/Her Parents For Failure To Provide For Him/Her? Daily Law Tips (Tip 529) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Child rights are protected by the constitution of Nigeria and also the Child’s Rights Act. Parents and guardians have enormous rights and duties over their children. Care, provision and maintenance of child is not only a moral duty but a statutory duty of parents/guardians. In Nigeria, a CHILD is a person under the age of 18 years.

Can a child sue his/her parents for failure to provide for him/her? Can a parent sue the other parent where both are divorced and the richer parent has refused to care and fund their child? Will the courts allow the child of a wealthy father to suffer with the poor mother?

Every child in Nigeria has rights to parental care, protection and maintenance by his parents/guardians. However, parents/guardians must care, protect and maintain their children according to the parents/guardians means of livelihood. Hence, where child is not cared for and maintained according to his parents’/guardians’ extent of means of livelihood, such a child can sue his parents/guardians in a family court for enforcement of his rights to care, protection and maintenance.

Note that, it is immaterial that parents of a child are divorced or living apart, parents must ensure their child is cared for and maintained according to their means at all times. In practise, this could be used by a parent to sue the other parent where both are divorced and the richer parent has refused to care and fund their child.

References;

Sections 14, 277 and 278 of the Child Rights Act, 2003.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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