GU24P07400 - [2025] EWHC 1587 (Fam)

In her first witness statement the Applicant explains that she and the Respondent met in Lagos in 2012 and began a relationship shortly thereafter. They began cohabiting in September 2015 and married in October 2015. They lived in Abuja. X was born in the United Kingdom in January 2017. Y and Z were born in Dubai in November 2019. The reasons for the children being born overseas appears to relate to the parents’ decision to access healthcare outside Nigeria. The Applicant alleges the Respondent was unsupportive and used derogatory language towards her during her pregnancies and around this time.

She informed the Respondent the relationship was over in September 2023. She states this was because of the domestic abuse he perpetrated towards her. Her evidence is that the Respondent was uncaring when she was in hospital and pregnant. That he grabbed X’s hand on an occasion in March 2022 and then kept X from her for two days. She says he locked himself in their bedroom, denying her access to the room in October 2023. After the relationship ended, the Applicant left Abuja and moved to Lagos. She says she was fearful and did not the tell the Respondent of her plan. She says the Respondent then used connections to have a warrant issued for her arrest and her bank accounts were frozen. She says the Respondent stopped paying for health insurance and school fees.

She notes she became aware the Respondent had sought and obtained an ex parte order preventing her removing the children on 27 November 2023. She notes the injunction was set aside at an on notice hearing on 17 January 2024. She says she tried to call the Respondent around this time to agree arrangements for the children’s welfare, but he showed no interest. She became fearful for her safety and says she received calls from unknown persons threatening her and threatening to abduct her children. She believes these threats were made by persons on behalf of the Respondent. She says she believes her car was being followed. Her evidence is that she was living in “constant state of fear”. In May 2024 she says the children’s school called her and informed her the Respondent had come to their school and spoken with X. For these reasons she fled to the United Kingdom with the children on 1 July 2024. On 6 December 2024 she made an application for a child arrangements order for the children to live with her in England and for a prohibited steps order that they be prevented from being removed from the jurisdiction of England Wales by the Respondent.

In her second witness statement she denies there was any order made by the Nigerian courts preventing her removing the children from that jurisdiction. She states the Nigerian courts ordered only supervised contact between the children and the Respondent. She repeats her allegations that the Respondent and his family used their power to freeze her accounts and suggests there was improper police involvement assisting the Respondent. She repeats her allegations of domestic abuse.

She states the father was not a ‘hands on’ father. She says that she employed both a nanny and a housekeeper when she lived in Nigeria and she was fully involved parenting the children.

She says the children have flourished since arriving in England. X is doing well academically, has friends and plays rugby. The twin girls are doing well and have many friends and enjoy play dates. She describes her residence in Lagos as a spacious four-bedroom house and points out the Respondent could have come there to bond with the children but refused to do so. She criticises him for missing birthdays and Christmas.

She says the Nigerian courts have been slow and inefficient, often adjourning the ongoing proceedings. She is concerned about the enforceability of orders. She states she consulted the British High Commission for assistance.

She described her roots in England. She says she was born and educated here and has a support network. I understand she has a brother in England. She says the children have avoided the “turmoil” of Nigeria.

She states she filed a “human rights” application in January 2024 to defend herself from the Respondent’s harassment. This was discontinued in November 2024 because she was in England.

She states she believes the children are habitually resident in England. She references GP and dentist appointments. She explains their involvement in church. She states the move was always intended to be a permanent one to England.

I permitted limited cross-examination of the Applicant. She explained school fees were always paid by bank transfer and the Respondent had failed to pay the school fees for the children in 2024. She explained she was extremely afraid for her safety. She remained steadfast to her understanding that the January 2024 order required contact between the father and the children to be supervised. She agreed she went with the children from the family home to Lagos in November 2023 without informing the Respondent and then withheld the address. She was afraid he would send people after her. It was put to her that in reality she contacted the British High Commission in Abuja not because of domestic abuse but because she was fearful of the consequences of abducting the children. She denied this. She accepted her father-in-law gave her money to carry out interior design work, but was evasive about these arrangements. She stated she was in receipt of benefits in England and accepted she had run a business in Nigeria.