Justice Ipaye's daughter claims LGBTQ in Canada; loses custody of three children
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Justice Ipaye’s daughter claims LGBTQ in Canada; loses custody of three children

by SG News Desk
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Justice Ipaye daughter, STECHITEGIST

The three children of Olubukola Ajayi, the daughter of Lagos State Justice Olutoyin Ipaye, have been ordered to be returned to Nigeria by a Canadian court after finding that their mother, who has ties to the LGBTQ community, had illegally retained them.

I conclude that this court lacks the authority to issue a parenting order regarding these children. A portion of Justice Engelking’s ruling on the case heard between March 21 and 25 states, “I conclude that they were illegally kept in Ontario after being wrongfully removed from their habitual abode in Nigeria.

Ms. Ajayi requested sole custody of her three children, whom she had taken from Nigeria without the father’s permission, Eyitope Ajayi, citing domestic violence in her marriage and her affinity with the LGBTQIIA.

Mr. and Mrs. Ajayi, who share Nigerian and Canadian citizenship, got hitched there in 2016 and started a family. However, their marital problems started when the woman started having problems with her sexual identity and started claiming to be asexual.

Ms. Ajayi requested a divorce from her husband after giving birth to their final child in Canada. On November 19, 2021, she flew all three kids to Canada without his knowledge or permission when Mr. Ajayi was away on business.

Ms. Ajayi argued in her request for exclusive custody of her kids that taking them out of her care and sending them back to Nigeria would cause them “psychological trauma.”

She argued that because Nigerian law does not favor people with differing sexual orientations, the courts there would deny her custody of the children “based on her affinity to or association with the LGBTQIIA+ community.” She backed up her assertion with a citation to the Same Sex Marriage Prohibition Act (SSMPA), which was passed in 2013.

Justice Ipaye daughter, STECHITEGIST

Additionally, she expressed concern about “returning to Nigeria due to domestic abuse Mr. Ajayi committed against her,” claiming their oldest child had witnessed an instance of his father abusing her.

In his decision, Mr. Engelking rejected Ms. Ajayi’s claims, pointing out that she had left her two older children in Mr. Ajayi’s care for six months when she traveled to Canada with her mother-in-law to give birth to their last child.

If Mr. Ajayi was as harsh as she said, in his opinion, she would not have trusted him with taking care of them.

Mr. Engelking determined that she was not subject to sexual stigma since she claimed to be asexual, a sexual identity that excludes romantic relationships with people of the same sex. His assurance that “no prosecution under that Act has ever occurred in the more than eight years it has been in existence” also allayed her concerns.

Mr. Engelking ruled that the three kids “were illegally transferred to, and wrongfully held in, Ontario by the Applicant/Mother, Olubukola Ajayi, pursuant to section 40 of the children’s Law Reform Act.” Taking both sides’ arguments into account.

In compliance with the provisions of this Order and section 40 of the children’s Law Reform Act, they “must be immediately returned to their customary residence in Lagos, Nigeria.”

According to Mr. Engelking, plans must be made for the Respondent/Father to go to Canada to fetch the children and transport them back to Nigeria in the event that the “Applicant/Mother decline to travel with the children to Nigeria.”

Justice Ipaye daughter, STECHITEGIST

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