[F]my question is my brother and his wife have got a divorce he no more lives in the united states he now lives in nigeria, when the wife filed for divorce she files for sole custody without consulting my brother whom would of loved to have had joint custody now she only lets my brother see his son when she is around or while one of her family are present my brother lives in nigeria but comes to the uk to see his son as regular as he can but she still has stuck to her guns of not letting my brother be alone with his son, he now wants to see if he can get joint custody since he was never consulted before she filed for the sole custody in the first place. what advise can you give him regarding asking the court to rethink the sole custody where they both have joint custody the child is only 9 years old at present please help me out since my brother is quite heartbroken by this who ordeal. ]

I don't know how it works in the UK, but in the US if one parent sues for custody the other has to be notified or there has to be proof of an honest attempt to notify. I doubt joint custody would be awarded anyway if the parents are residing in two different countries... it would be awfully difficult to enforce the order that way. I suggest he consult an attorney that deals in these matters.

He needs to consult with a solictor, but there is a difference between joint custody and visitation. The two are separate. Joint custody simply means that he has a say in how the child is raised. What he wants is visitation rights. To get them he will have to take her to court.