Guideline for family problems / Best Practices on resolving family problems in Ogun state

Best Practices on resolving family problems in Ogun state

In 2023, HiiL launched the land justice guideline for practitioners in the Ogun state in Nigeria in collaboration with the Office of the Attorney General of Ogun state and Hon Justice Ogunfowora. The recommendations drawn from HiiL’s international literature review to resolve family problems were validated by experts in Ogun state as effective in resolving family problems in the state.

To collect the best practices of local experts, HiiL consulted 100 practitioners in Ogun State including judges, policymakers, lawyers, paralegals, cultural- and religious leaders, paralegals and others. These insights of local experts show what has proven to work for practitioners in a specific region. Practitioners across Nigeria can adapt the best practices to suit the needs of the geography in which they work.

In the below section, we compare the best practices of local experts with recommendations drawn from the literature review. The ones that are not in line with the literature need further research.

Best practices on procedures to resolve family justice problems

A. On process for families to reach understandings

How can you make sure people come to the practitioners at the right time?

By engaging in deliberate and intentional conversations in order to encourage people to speak out. In accordance with literature
By organising periodic outreaches, and sensitisation programs to educate the community on rights and responsibilities of persons in the family. In accordance with literature
Through sensitization and encouragement. Other practice
Through public education on speaking out and the right type of people to reach. Other practice

As a practitioners, how do you clarify the questions and needs of the client?

By asking questions that clarify the situation, needs and the client’s specific requirement or proposed action. In accordance with literature
Calm the client to avoid emotional incoherence. Other practice
To align questions from a legal perspective for the client’s best interest Other practice
Through the type of questions that the client asks, deduce their problems. Other practice

What kind of organisations do practitioners refer people to and why?

Mediators, before exploring legal proceedings. Family issues tend to be delicate, and working with a family-focused professional before starting what can be a combative legal process can help. In accordance with literature
To the police where there is a criminal element, particularly where domestic violence and assault are involved. In accordance with literature
The specific situation will determine the type of organisation. Try to be person-centred in listening to the client. In accordance with literature
Religious leaders are able to counsel referees and encourage them to be open about their situation. Religious leaders tailor the assistance given with the client’s religious convictions. Other practice
First look into the substance of the issue and decide what is the best course of action. Look for quick approaches to take instead of the lengthy process of litigation. Other practice

How can you refer to other experts?

Listen to the client and ask the relevant questions to gain a better understanding of the client’s needs. Without an understanding of what the client actually wants, the scope for error is marginally wider. In accordance with literature
Start with an in-depth analysis of the issue, through counselling and allowing the client to speak. In accordance with literature
For suspected domestic violence, involve the police at the early stage of counselling to track and prevent criminal activities. Other practice
First contact the other party to get a full sense of the story and deduce the actual facts. Thereafter, offer advice. Other practice

B. On communication patterns, principles and timing

How do practitioners ensure that parents are communicating in a constructive way?

By explaining to them that non-cooperation affects the children negatively; in addition, a lack of positive communication stalls the issues and makes it difficult to reach a state of compromise. In accordance with literature
Advice them that good communication leads to better outcomes, particularly when children, custody arrangements and finances are concerned. In accordance with literature
Let the parents know that the law favours the welfare and well-being of the child especially in the case of misunderstandings amongst the parents. Parents are to be mindful of their children’s existence and particular needs. In accordance with literature
After listening to the party, call the other party for one-on-one conversation. After listening to both parties, a communication plan can be drafted. Other practice

How do practitioners ensure that parents cooperate with each other?

By counselling on effective communication styles and encouragement to let go of bitterness and strife when trying to reach an agreement. In accordance with literature
Arrange individual meetings with the parties, so that each party can say their own side of the story without the antagonisation of the other. In accordance with literature
The use of other communicative styles such as text messaging and electronic mails when face-to-face communication is volatile. In accordance with literature
In legal proceedings, both parties as well as their legal counsel are brought to the court to deliberate and are advised to cooperate for best results. In accordance with literature
As a mediator, make parents understand what custody decisions entail and mean for the parent in practice. In accordance with literature
As a counsellor make sure each party knows their responsibility and understands their role to ensure cooperation. In accordance with literature
Listen to both parties one after the other and then ask one party to leave the session venue and have individual discussions with each. This helps to learn more about the challenges and draw the party’s attention to serious issues. In accordance with literature
Parents are encouraged to act civilly. They are reminded that the Law prohibits domestic violence and abuse of children. Cite provisions of the various Laws and Acts that specify the same. Other practice
To focus them on the basic needs of their children. Parents may not cooperate on issues of the divorce but can be encouraged to do so when I put the children as priority in the counselling session. Other practice

How do practitioners help parents to communicate about their children?

Advise them on building a more approachable relationship with their children. In the Nigerian culture, it is common to find children who are afraid to communicate openly with their parents. Parents are advised to meet their children at their communication level and build a relationship of trust and non-judgement. In accordance with literature
Teach and inform parents that the emotional wellbeing of children is dependent on the parents’ mindfulness. Such mindfulness includes how the parents speak around their children and about their children. In accordance with literature
Persuade them that the children’s existence means that both parents need to maintain an open line of communication. In accordance with literature
Make them understand that the needs of their children are paramount and all communications about children should be positive. Other practice
Inform them that the law favours decisions that benefit children. To make such decisions, parents must understand the children’s needs amidst a divorce or separation. Other practice
By encouraging them to pay particular attention to their children. During the course of separation, and depending on the age of the relevant children, a lot of emotions are experienced and parents are encouraged to be particularly attentive. Other practice
Break down the basic needs of the children, from daily meals, to education costs. When everything has been itemised, it might be easier to start the communication process. Other practice

C. On communication with children and their exposure to communication between parents

How do practitioners ensure that parents do not let their children be exposed to conflict?

By explaining to the parents the impact that conflict has on their children; this includes educational interference, mental disturbance and overall unhappiness particularly when there is continued tension in the home. In accordance with literature
Advise parents to take the children away from the scene of the conflict, and if possible, to never have altercations when the children are around. In accordance with literature
In times when it has gotten to the stage of dissolution of marriage, the judge can make the case categorised as sensitive. The court also can make it clear that the priority is that of the children and the children should not develop emotional suffering due to the way that parents treat each other. Other practice
State that the Law prohibits domestic violence and abuse of children. Also remind them that they are role models to their children and should be good role Other practice

How do practitioners help parents to not communicate inappropriate information to their children?

Through counselling and teaching them the right types of communication to have with their children. Such counselling includes advice on the effects that negative communication has on children. In accordance with literature
Parents are advised to be honest with their children about imminent separation but to avoid speaking about unnecessary intricacies, confusing information or defamation of each other. In accordance with literature

D. On property and Housing Arrangements

What do practitioners do to help all family members to get safe homes?

Allow them to make independent decisions that they are comfortable with. In fact, in most cases, when clients come to me they have already made personal living arrangements. Other practice
Many who stay in unsafe homes are not usually economically independent. In such situations, invite the emotional support group of the victim and appeal to them to help the victim and the children to get to safe homes. Other practice
Ask the spouse to contribute or pay for a suitable accommodation for the partner who will mostly have custody of the children. Other practice

What are ways to divide housing property in a case of separation/divorce?

Ensuring that properties are properly registered or purchased in the names of the relevant parties. Ask if there is legally binding prenuptial agreement. Other practice
Use litigation as a last resort. Other practice
Make use of court orders. Other practice

E. On fair living arrangements for children

How do practitioners make arrangements for children in case of separation of parents?

Talking about the maintenance of the children, there are a lot of considerations to be made, particularly concerning the character, financial capacity and preferences of the children. In accordance with literature
In many cases the court is the institution that grants custody for child welfare. It can at best only give advice based on how young the children are, proximity to their schools, capacity to provide for or fund their needs, etc. Other practice

In cases of separation and divorce, what kind of living arrangements for children are made?

Joint custody where possible. Other practice
Children living with grandparents is preferred as an option when the parents both have insufficient resources. Other practice

F. On upbringing and education arrangements

What advice do practitioners provide to parents on the upbringing of children?

Advice on the intricacies of raising a child and on the need for an established plan on raising enough finances to afford basic needs and amenities. In accordance with literature
Specific advice on the needs of children amidst divorce proceedings, including emotional support and deliberate attention by both parents individually and as a collective unit. In accordance with literature
Sit down with parents and determine each of their financial ability; afterwards, create a list of the child’s needs and help parents reach a compromise. Other practice

What advice do practitioners provide to parents on the education of children?

That the best interest of the children should be the priority. In accordance with literature
Attention should be paid to the types of schools that the children attend. Other practice

When parents separate, according to practitioners, what should their roles be in upbringing and education?

There should be a joint financial responsibility, joint decision making, regular communication and looking out for the children’s best interests. In accordance with literature
The roles should be shared adequately and appropriately for the benefit of the children. Many children of divorced parents tend to suffer due to the grievances that the parents have against each other. In such situations, finances tend to lead to arguments and resources are not shared equally with the children bearing the most disadvantage. In accordance with literature

G. On family maintenance

What kind of arrangements can be made on spousal maintenance?

Advise both parties on the importance of self-sufficiency with regards to finances. It is difficult to enforce spousal maintenance and financial support especially when one party is aggrieved. The best option is for both parties to be financially stable. In accordance with literature
Allow the family court (legal proceedings) to decide. Other practice

How do practitioners help parents to become self-sufficient?

Teach them the benefits of financial independence in order to motivate them. In accordance with literature
Support them to get gainfully employed or enrolled in an apprenticeship. Other practice

H. On measures to increase income

How do you help both parents to have their income increased?

Expose them to training opportunities that will increase their income. In accordance with literature
By exploring all opportunities to engage the skills of each parent where need be. Other practice
By advising that sometimes, the most viable way to increase income is to have more than one source of financial inflow. Other practice

I. On land-related family issues

What are good ways to prevent land issues?

Ensure that each parcel of land has the proper legal titles. In accordance with literature
Ensure correct and legally valid property documentation. In accordance with literature
Conduct fact findings on land before taking any other steps in purchasing a parcel of land. Other practice

What are good ways to fact-finding in land issues?

Ask a specialist to conduct due diligence on land history. In accordance with literatureObtain land information and chart the land as much as possible. Other practice
Giving a listening ear to all parties involved. Other practice

What are good ways to conduct meetings to solve land issues?

Conduct virtual meetings to capture the views of those who are in different physical locations. In accordance with literature
Try peaceful mediation gives way for a win-win situation. In accordance with literature
Contact the Baale’s Palace (Local Traditional Head). Other practice

What are good ways to conduct meetings to solve land issues?

Conduct virtual meetings to capture the views of those who are in different physical locations. In accordance with literature
Try peaceful mediation gives way for a win-win situation. In accordance with literature
Contact the Baale’s Palace (Local Traditional Head). Other practice

What are good ways to communicate about land issues?

Through open meetings, where parties are allowed to discuss the land peacefully with mediators refraining from taking sides. Other practice

What are good ways to resolve land issues?

By exploring multi-door courthouses as litigation processes are prolonged. In accordance with literature
After a series of meetings, a clear idea of all parties’ needs and routes of compromise will emerge. In accordance with literature
Identify the issues that can be resolved via legal action and those which are best resolved through informal negotiation. Both options can be appropriate based on the situation and the relationship between those involved in the dispute. Other practice

What are good ways to conclude agreements on land?

Ensure proper documentation. In accordance with literature
Take time into consideration, as issues of land disputes can be time sensitive. Particularly if one of the parties intends to sell the property or use it in an urgent manner. In accordance with literature

What are good ways to improve agreements on land?

Get all necessary documentations in writing and duly executed for future referencing. In accordance with literature
By ensuring all interactions regarding the property are based on legally valid steps. Other practice

What kind of arrangements can be made to compensate for loss of income due to a land conflict?

Proper evaluation of land value to ensure that compensation given does not lead to more conflicts. In accordance with literature
If it is a family property, communication with the family heads on what to do is important. Other practice
An indemnity can be an appropriate compensation or an outright refund of the income expended. Other practice

How do practitioners solve issues that are about profits from land?

By following all relevant legal rules and procedures. In accordance with literature
Try to get the conflicting parties to independently, and then collectively, agree on a sharing formula. In accordance with literature

What kind of arrangements do practitioners make on sharing the profit of the land?

Profits from the sale of land should be shared according to the relevant rules and each parties’ legal rights. In accordance with literature
When the land is inherited or community-owned; the local Chief or family head can decide on how profit is shared. Other practice

How do practitioners solve issues on land ownership?

Explore the proper documentation to ascertain land ownership. In accordance with literature
Follow what the law prescribes and allow the courts to determine resolution options where mediation, arbitration or negotiation fails. In accordance with literature
Start to engage a local mediator if it is an informal dispute. In accordance with literature

What kind of arrangements do practitioners make on land ownership?

Ownership should be properly documented. In accordance with literature
Approaching the ministry and bureau of lands for survey documents and proof of ownership is recommended. This is to start making arrangements on land ownership. In accordance with literature

How do practitioners solve issues on the use of land?

Emphasise the use of peaceful resolutions; fighting over land only leads to further penal issues and disrupts amicable relationships in the community. In accordance with literature

What kind of arrangements do practitioners make on the use of land?

Involve land and environmental professionals in preparing a system for land use. In accordance with literature
Take note that the way in which a parcel of land is used is dependent on the legal restrictions on the land and the land owner’s intentions for it. In accordance with literature

What advice do practitioners give to people to protect their land?

Ensure proper registration of the land. In accordance with literature
Create a physical fence around the property where needed. Other practice

How do practitioners support people in registering their land?

Sensitise people on the necessary steps to take to properly register the land. In accordance with literature
Refer people to the bureau of land to apply for proof of ownership and physical copies of land registration documents. In accordance with literature

How do practitioners solve issues on inheritance of land?

Investigate the history of the land. Other practice
Advise for the land to be shared equally amongst benefitting family members. Other practice

What kind of arrangements do practitioners make on inheritance and wills?

Ensure that wills are registered. In accordance with literature
Advise the parties involved with the inheritance to get appropriate professionals involved to prevent malpractice. In accordance with literature
Advise for a letter of administration to be obtained by the family of the deceased, where money claims in an unmonitored bank account is concerned. In accordance with literature

Table of Contents

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Best Practices on resolving family problems in Ogun state

Best practices on procedures to resolve family justice problems

A. On process for families to reach understandings

How can you make sure people come to the practitioners at the right time?

As a practitioners, how do you clarify the questions and needs of the client?

What kind of organisations do practitioners refer people to and why?

How can you refer to other experts?

B. On communication patterns, principles and timing

How do practitioners ensure that parents are communicating in a constructive way?

How do practitioners ensure that parents cooperate with each other?

How do practitioners help parents to communicate about their children?

C. On communication with children and their exposure to communication between parents

How do practitioners ensure that parents do not let their children be exposed to conflict?

How do practitioners help parents to not communicate inappropriate information to their children?

D. On property and Housing Arrangements

What do practitioners do to help all family members to get safe homes?

What are ways to divide housing property in a case of separation/divorce?

E. On fair living arrangements for children

How do practitioners make arrangements for children in case of separation of parents?

In cases of separation and divorce, what kind of living arrangements for children are made?

F. On upbringing and education arrangements

What advice do practitioners provide to parents on the upbringing of children?

What advice do practitioners provide to parents on the education of children?

When parents separate, according to practitioners, what should their roles be in upbringing and education?

G. On family maintenance

What kind of arrangements can be made on spousal maintenance?

How do practitioners help parents to become self-sufficient?

H. On measures to increase income

How do you help both parents to have their income increased?

I. On land-related family issues

What are good ways to prevent land issues?

What are good ways to fact-finding in land issues?

What are good ways to conduct meetings to solve land issues?

What are good ways to conduct meetings to solve land issues?

What are good ways to communicate about land issues?

What are good ways to resolve land issues?

What are good ways to conclude agreements on land?

What are good ways to improve agreements on land?

What kind of arrangements can be made to compensate for loss of income due to a land conflict?

How do practitioners solve issues that are about profits from land?

What kind of arrangements do practitioners make on sharing the profit of the land?

How do practitioners solve issues on land ownership?

What kind of arrangements do practitioners make on land ownership?

How do practitioners solve issues on the use of land?

What kind of arrangements do practitioners make on the use of land?

What advice do practitioners give to people to protect their land?

How do practitioners support people in registering their land?

How do practitioners solve issues on inheritance of land?

What kind of arrangements do practitioners make on inheritance and wills?

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