Legal Minds
February 15, 2025 at 06:36 AM
*CHILD CUSTODY IN NIGERIA*
The custody of a child is a sensitive and complex issue, and the primary consideration is always the best interest of the child. *See Section 71(1) Matrimonial Causes Act*
“In the proceeding with respect to the custody, guardianship, welfare, advancement or education of children of the marriage, the court shall regard the interest of those children as the paramount consideration and subject thereto the court may make such order in respect to those Matters as it thinks proper”.
There is no stated rule of what constitutes interest of a child. It will depend on the circumstances of each case. *Karibi-Whyte JSC in the case of Williams v. Williams observed as follows:*
_“The determination of the welfare of a child is a composite of many factors. Consideration such as the emotional attachment to a particular parent, mother or father; the inadequacy of the facilities, such as educational, religious, or opportunities for proper upbringing are matters which may affect determination of who should have custody”._
Child custody procedures in Nigeria are governed by various laws, such laws include the Child’s Rights Act, the Matrimonial Causes Act, and customary law etc depending on the state and the particular circumstances of the case.
It is important to know that a person seeking for child custody must file the matter in a court within the jurisdiction of the child in question because Child custody matters usually fall under the jurisdiction of state or customary courts, depending on the applicable law in the particular region where the case is heard. However, before the Action of custody is file the court usually most times direct the parties to explore Alternative disputes resolution,if they are unable to reach an agreement. The court will give judgment base on the evidence before it.
The Custody proceedings can be initiated through various means, including divorce or separation proceedings, guardianship applications, or petitions filed directly for the custody of a child.
*Types of Custody:*
*1.Sole Custody:* This is the type of custody where one parent is granted full custody and decision-making authority for the child.
*2.Joint Custody:* This is the type of custody where both parents share custody and decision-making responsibilities for the child.
*3.Visitation Rights:* In this case, the non-custodial parent may be granted visitation rights to spend time with the child either by coming over and spend sometime with the child or taking the child over to his or place to spend sometime with the child.
*4.Third Party Custody:* Where the Court considers it desirable to do so, it may place the child under the custody of a third party- a person other than a party to the marriage, either permanently or as an interim measure, if it considers this to be in the child’s interest. *See section 71(3) MCA*
*5. Temporary custody*
Conclusively,It is noteworthy that in the award of custody of a child by a court, the paramount interest of the child is the main key.
conclusively,the Custody of a child depends on the interest of the child both personally, emotionally and parentally
*BY*
*FELIX CHIBUIKE*
*07089621300*
*[email protected]*
https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w
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