Introduction
Are you caught in the emotional struggle of a child custody dispute in Nigeria? Every year, countless parents face this challenging situation in courtrooms across Nigeria. Understanding how Nigerian courts decide child custody cases is not just a legal matter; it's a life-changing process that determines your child's future and your role in it. In this article, I will guide you through the intricacies of child custody in Nigeria, revealing the factors considered by courts when making these impactful decisions amongst others.
Legal Framework: How Courts Decide Child Custody in Nigeria
There are several laws guide Nigerian courts in child custody cases. These laws includes the Child Rights Act (2003) and the Matrimonial Causes Act Cap M7 LFN 2004.
The cornerstone of child custody legislation in Nigeria is the Child Rights Act (CRA) 2003. Section 1 states:
"In every action concerning a child, whether undertaken by an individual public or private body, institution or service, Court of law, or administrative or legislative authority, the best interest of the child shall be the primary consideration."
While the CRA is a national law applicable in the Federal Capital Territory, Abuja, it has been domesticated by most states, resulting in various state Child Rights Laws, such as the Lagos State Child Rights Law (2007) and Rivers State Child Rights Law (2009) etc.
Similarly, Section 71(1) of the Matrimonial Causes Act Cap M7 LFN 2004 emphasizes that:
"In proceedings with respect to the custody, guardianship, welfare, advancement, or education of children of a marriage, the Court shall regard the interests of those children as the paramount consideration..."
These provisions show that the child's best interest is the primary concern in custody proceedings. However, determining what constitutes the best interest of a child requires careful consideration of various factors. Meanwhile, under the Child Rights Act, a child is defined as any person under the age of 18 years. This definition is critical in determining the legal rights and responsibilities associated with custody and guard
Factors Courts Consider in Child Custody Cases in Nigeria
When determining the best interest of the child, courts evaluate several well-established factors:
- Degree of Familiarity: The child's familiarity with each parent.
- Affection: The amount of affection between the child and each parent.
- Income: The respective incomes of each parent.
- Education: The child's educational needs and arrangements.
- Living Arrangements: Whether one party lives with a third party.
- Tender Age Consideration: For younger children, custody is typically awarded to the mother unless otherwise deemed undesirable.
- Sex and Age of the Child: These factors may also influence custody decisions.
Case Studies On Child Custody in Nigeria
A pertinent example is the case of Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1. In this case, Mr. Nanna, a medical doctor, had a history of threatening behavior that led his wife to leave their matrimonial home with their two children. After two years of separation, he sought full custody of the kids.
In his arguments, Mr. Nanna highlighted:
Educational Endowment Policy: He had policies in place for the children's education since 1997.
Educational Arrangements: Plans to enroll them in a reputable institution in Effurun, Delta State.
Moral Upbringing: Promises to raise them according to societal values.
Living Conditions: Assurance that his aunt would care for them in a spacious apartment.
Medical Care: Access to medical attention at his employer's clinic.
Conversely, Mrs. Nanna emphasized her active role in the children's education, providing evidence of her payments for school fees and involvement in their daily lives. The court ultimately ruled in favor of Mrs. Nanna, emphasizing that the nurturing care of the mother outweighed Mr. Nanna's material provisions.
The ruling highlights that, in child custody cases, active, day-to-day involvement in a child's life and moral upbringing often outweigh financial contributions, as these factors better serve the child's emotional and psychological needs.
Similarly, in Alabi v. Alabi (2007) 9 NWLR (Pt. 1039) 297, the court awarded custody to the mother because of her commitment to the child's emotional well-being and education. Despite the father's financial stability, the court found the father's lack of demonstrated care and moral fitness insufficient for full custody. This case further exemplifies the court's adherence to the best-interest principle, placing the child's psychological security and moral development above mere financial considerations.
Determining Custody Under Customary Law
Under Customary Law, the right to custody can be established through evidence by demonstrating what is in the best interest and welfare of the child. This principle was articulated in Okwueze v. Okwueze (1989) 3 NWLR (Pt.109) P. 321 @335, where it was stated:
"The only proper manner in which the custody of a child under Customary Law can be determined is by specifically taking evidence to establish what is in the best interest and welfare of the child."
Conclusion
Dealing with child custody battles in Nigeria can be daunting. However, understanding how courts make these decisions empowers you to prepare effectively. Remember, the primary focus of the court remains the child's best interest, taking into account both emotional and practical factors beyond mere material provisions.
If you are facing a child custody battle in Nigeria, do not navigate this complex legal terrain alone. Contact us today for expert legal guidance tailored to your situation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.