Legal guardianship is a legal arrangement that enables individuals to assume responsibility for the care and well-being of someone who is unable to take care of themselves such as minors or incapacitated adults. In Nigeria, the process of obtaining legal guardianship involves specific procedures and adhering to applicable laws that safeguard the best interests of the ward. This article outlines the necessary steps and considerations involved in obtaining legal guardianship in Nigeria. The Family Court of Lagos State (Civil Procedure) Rules, 2012, and the Oyo State Family Court Procedure Rules, 2020 are referred to in this article.
Step 1: Eligibility Evaluation:
The applicant must meet certain criteria to be eligible for legal guardianship in Nigeria. The court will consider the applicant's ability to provide for the welfare and best interests of the ward. To this end, factors such as financial status, physical/mental fitness and the moral character of the Applicant will be taken into consideration by the Court. Furthermore, for application with respect to a child, the child must not be 18 years of age or older.
Step 2: Filing of Motion in Court:
The process of obtaining legal guardianship involves the filing of an Originating Motion at the High Court or Magistrate Court designated as Family Court in the State. The Originating Motion must be backed by the following items, according to Order 6 Rule of the Family Court of Lagos State (Civil Procedure) Rules, 2012 and Order 6 Rule 3 of the Oyo State Family Court Procedure Rules, 2020:
- Statement of Case
- Affidavit of facts.
- A statement detailing the arrangement for children
- All essential documents in support of the application. Usually, the supporting documents should include:
- Identification document of the Applicant such as international passport, National Identity Card, Driver's license, etc.
- Birth certificate of the Applicant
- Marriage certificate of the Applicant (if applicable)
- Applicant's medical fitness certificate
- Evidence demonstrating Applicant's financial stability, such as a contract of employment, bank statement of account, etc.
- Document confirming the residence of the Applicant such as utility bill, photographs etc.
- Birth certificate of the ward
- Evidence of enrolment in school for the ward (if applicable)
- Consent letter from the biological parents of the ward (if applicable)
- Death certificate of any of the parents of the ward (if applicable)
- Statement of truth
Step 3: Court Hearing and Decision
Once the application is filed, the Court shall schedule a hearing to evaluate the application, interest of the ward and determine the suitability and eligibility of the Applicant.
The court will issue a decision on the legal guardianship application after evaluating the application and considering the best interests of the ward. If the court grants the application, a legal guardianship order outlining the rights and responsibilities of the guardian will be issued.
Once the order of Court is made, the Applicant can assume the role of the legal guardian of the ward.
Conclusion:
Obtaining legal guardianship in Nigeria is a process that requires a thorough understanding of the legal framework and adherence to the specific procedures of the Court. Each case is unique and it is advisable to seek legal counsel to ensure that the application is properly filed at the appropriate Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.