Analytical Framework for Determining Parental Alienation in Nigerian Custody Disputes: A Comparative Approach

Parental alienation, defined as conduct by one parent that systematically undermines a child's relationship with the other parent, is an increasingly recognised phenomenon in Nigerian custody litigation that lacks a clear analytical framework in domestic jurisprudence. This study develops an analytical framework for determining parental alienation in Nigerian custody disputes, drawing on comparative analysis of judicial approaches in England, Canada, and South Africa alongside empirical data from Nigerian family courts. Using a mixed-methods research design, the study analyses 40 custody judgments from the High Courts of Lagos, Enugu, and Kano States between 2019 and 2024 and conducts semi-structured interviews with 20 family court judges, 15 child psychologists, and 25 family law practitioners. The research identifies the evidentiary challenges of establishing parental alienation in Nigerian courts, evaluates how the best interest of the child principle accommodates alienation findings, and analyses the remedial options available including contact orders, custody transfers, and therapeutic interventions. Findings reveal that Nigerian courts lack consistent criteria for identifying alienating behaviour and rarely engage psychological expert evidence systematically in this context, resulting in inadequate protection for alienated children. The study contributes an original analytical framework adapted to the Nigerian legal and cultural context. Recommendations include the adoption of judicial guidelines on parental alienation, accreditation standards for child psychology experts, and investment in family court counselling services. Keywords: parental alienation, child custody, family law, analytical framework, judicial guidelines