The Lagos Family Court is a specialized division of the Lagos State Judiciary established specifically to handle legal matters involving children under 18. Unlike regular courts, its primary goal is not just to “punish” or “settle,” but to ensure the best interests of the child are protected in a “child-friendly” environment.
Here is how the system works in practice:
1. Two-Level Structure of the Lagos Family Court
The court operates at two levels to ensure accessibility and speed:
Magisterial Level: Handles less complex matters, including minor offenses by children (juvenile delinquency) and basic maintenance or custody claims.
High Court Level: Handles more complex cases, such as formal adoption, contested divorces involving children, and serious child abuse cases.
2. How a Case Begins in the Lagos Family Court
A case can be brought to the Family Court in a few ways:
By a Parent/Guardian: Filing for custody, child maintenance, or protection.
By the State: Through the Lagos State Domestic and Sexual Violence Agency (DSVA) or the Ministry of Youth and Social Development.
Emergency Orders: If a child is in immediate danger, the court can issue an Emergency Protection Order or a Child Assessment Order to remove the child from a harmful environment immediately.
3. Key Players in the Courtroom of the Lagos Family Court
The Family Court is less formal than a regular court and involves a “team” approach:
The Judge/Magistrate: Presides over the case but often wears civilian clothes (rather than a wig and gown) to make the child feel less intimidated.
Social Workers/Assessors: They are arguably the most important part of the process. They visit the child’s home, interview teachers and neighbors, and write a Welfare Report that tells the judge what is actually happening in the child’s life.
Guardian Ad Litem: In some cases, the court appoints a representative specifically to speak for the child’s wishes, independent of the parents.
4. Special Procedures in the Lagos Family Court
The court uses several “child-friendly” rules to protect the minor’s privacy and mental health:
Private Hearings: Cases are not open to the public. Only the parties involved and their lawyers are allowed inside.
Privacy Protections: It is illegal for the media or anyone else to publish the name, school, or photograph of a child involved in a Family Court case.
Alternative Dispute Resolution (ADR): The court often pushes for mediation. Instead of a “winner takes all” fight, a mediator helps parents agree on things like visitation or school fees.
5. The Role of the DSVA in the Lagos Family Court
If you are dealing with a child abuse or domestic violence situation, the DSVA acts as a bridge to the court. They provide:
Free Legal Representation: They can file the court papers on your behalf.
Survivor Support: They provide counselors who accompany the child to court so they don’t have to face the process alone.