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. The custody of a child is a sensitive and complex issue, and the primary consideration is always the best interest of the child. Section 71(1) Matrimonial Causes Act provides:
“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”.
Here’s a general overview of the child custody procedure in Nigeria and the things the court will put into consideration in granting child custody:
JURISDICTION: whenever one plans to file for child custody, the first thing that comes to mind is the jurisdiction. You 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. After the jurisdiction has been determined the next is…..
INITIATION OF CUSTODY PROCEEDINGS: 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. It will be in your best interest to seek the services of a lawyer to help you in this process.
In granting the custody of a child, the court usually considers the interest of the because it is paramount in the proceeding. The court will consider factors such as the child’s emotional and physical well-being, living conditions, education, and the ability of each parent (or guardian) to provide a stable and supportive environment.
Types of Custody: Courts may award different types of custody based on the circumstances of the case such custody include:
- Sole Custody: This is the type of custody where one parent is granted full custody and decision-making authority for the child.
- Joint Custody: This is the type of custody where both parents share custody and decision-making responsibilities for the child.
- 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.
- 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.
The Court will make this order:
Where it is obvious that neither of the parties to the marriage is genuinely interested in the welfare and upbringing of the child.
• Where neither of the parties to the marriage has applied for the custody.
• Where in the opinion of the court, neither of the parties to the marriage is a fit and proper person to have the custody of the child.
If custody is granted to a third party, the court may include an order as to proper access to the child by the parents. This is pursuant to Section 71(3) of the Matrimonial Act which provides: “In proceedings with respect to the custody of children of a marriage, the court may, if it is satisfied that it is desirable to do so, make an order placing the children, or such of them as it thinks fit, in the custody of a person other than a party to the marriage”.
Before the court grants any of the above-mentioned custody, it can do Court Evaluations which implies that the court may appoint an expert, such as a social worker or psychologist, to conduct an evaluation of the child’s home environment and the parents’ ability to care for the child. This is pursuant to Section 71(2) of the Matrimonial Causes Act which provides that:
“The court may adjourn any proceedings within subsection (1) of this section until a report has been obtained from a welfare officer on such matter relevant to the proceedings as the court considers desirable and any such report may thereafter be received in evidence”.
Read also:ADOPTION OF CHILDREN IN NIGERIA (STEPS AND PROCEDURES)
MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION: Most times when a custody matter is brought to court, the court usually directs the parties to explore out of court settlement in the form of mediation. In certain instances, mediation may be attempted to reach an amicable agreement between the parties regarding child custody. It is after the mediation process has failed that the court can step in to determine the matter.
COURT DETERMINATION: If the parties are unable to reach an agreement, the court will make a determination based on the evidence presented and the best interest of the child.
ENFORCEMENT: Once a custody order is issued, it is legally binding, and failure to comply with the court’s decision may result in enforcement actions.
In conclusion, the specific child custody procedures and laws may vary slightly from one state or region to another. It is essential for individuals involved in child custody matters to seek legal representation and advice from experienced lawyer to navigate the complexities of the legal process effectively.
