ARCHIVES
VOL. 12, ISSUE 3 (2026)
Access to justice in family law disputes in Nigeria: Judicial delay, parental access, child welfare and the quest for substantive justice
Authors
Ufuoma Kathleen Erukanure
Abstract
Access to justice in family law cannot be reduced to the formal availability of courts or the existence of legal rights. In disputes concerning children, justice must also be timely, affordable, child-sensitive, participatory and capable of producing an effective remedy. This article examines access to family justice in Nigeria through a theoretical framework combining Access to Justice Theory, Therapeutic Jurisprudence, the best-interests principle and Children's Rights Theory. It argues that judicial delay presents a distinctive problem in child-related litigation because childhood, development and family relationships are inherently time-sensitive. The article develops the concept of the welfare-delay paradox to describe the situation in which delay in resolving a dispute concerning a child's welfare may itself alter the welfare interests and family relationships that the court is required to protect. Through a comparative analysis of Nigeria and the United Kingdom, the article demonstrates that although both jurisdictions place child welfare at the centre of judicial decision-making, significant differences exist in statutory treatment of delay, parental involvement, procedural case management, child participation and institutional specialisation. Nigerian law contains substantial protections through the Constitution, the Matrimonial Causes Act 1970 and the Child Rights Act 2003, but practical access remains affected by delay, cost, institutional limitations and enforcement difficulties. The article argues for a more integrated Nigerian family justice model involving specialised courts, expedited child-related proceedings, effective interim access orders, child-sensitive procedures, strengthened legal aid, appropriate alternative dispute resolution and judicial accountability for delay.
Download
Pages:497-509
How to cite this article:
Ufuoma Kathleen Erukanure "Access to justice in family law disputes in Nigeria: Judicial delay, parental access, child welfare and the quest for substantive justice". International Journal of Law, Vol 12, Issue 3, 2026, Pages 497-509
Pdf, Certificate, Cover Page, Index Page, Editorial Page, Accept Letter
Please enter the email address corresponding to this article submission.

