Parental child abduction in Malaysia and Nigeria: an overview
Abduction often involves the parents of the child. After a marriage is dissolved most parents will want to have custody of the children. The party that is unable to lawfully obtain custody of children sometimes resort to abduction. Abduction of children is an issue that raises concern due to its...
| Main Authors: | , , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Faculty of Law, Accountancy and International Relations, UniSZA
2015
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/43180/ http://irep.iium.edu.my/43180/ http://irep.iium.edu.my/43180/1/parental_child_abduction.pdf |
| Summary: | Abduction often involves the parents of the child. After a marriage is dissolved most
parents will want to have custody of the children. The party that is unable to lawfully obtain
custody of children sometimes resort to abduction. Abduction of children is an issue that
raises concern due to its effect on the child. Abducted children are sometimes even taken
outside the country of abduction to another country by the non-custodian parent in order to
prevent tracing and punishment. These attributes of abduction have a far reaching
negative consequence on the child. The sudden separation of the child with his
environment and the attempt to hide the child negatively affects the child physically and
psychologically. Though there is no specific provision on parental abduction, the
Malaysian and Nigerian laws prohibit child abduction generally and prescribe punishment
for the crime. The paper examines the position of parental child abduction under the
Malaysian and Nigerian laws and the approach of the courts in dealing with the matter.
The paper also briefly discusses the position of child abduction under Islamic law and
suggests ways through which much protection will be provided to children against parental
child abduction. Doctrinal methodology is used in the paper in arriving at the findings of the
work. |
|---|