Custody of a child involves the care, control and maintenance of a child as granted by a court to one of his parents as obtainable via an order of court in a divorce or separation suit or a situation of the child being orphaned.
This article will be focused on the concept of child custody, with a focus on :-
– Factors involved in granting child custody.
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– Maintenance of a child in custody
– Legal Framework governing child custody in Nigeria
What are the factors taken into consideration when granting an order of child custody in Nigeria?
The factors that influence who gets a grant of child custody include :-
– The wish of the child
– The conduct/character profile of the parties in the custody dispute
– The age and sex of the child
– The existence of welfare arrangements for the child
– The child’s age and gender
– Medical needs of the child
What are the most important provisions of Nigerian law regarding child custody?
The Matrimonial Causes Act
– Section 71(1) states 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 and subject thereto, the court may make such order in respect of those matters as it thinks proper.
– Under Subsection (1) of the provision above, the court may adjourn all proceedings until a report has been obtained from a welfare officer on such matters relevant to the proceedings as the court considers desirable, and any such report may thereafter be received in evidence.
– 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.
– Where the court makes an order placing a child of a marriage in the custody of a party to the marriage, or of a person other than a party to the marriage, it may include in the order such provision as it thinks proper for access to the child by the other party to the marriage, or by the parties or a party to the marriage as the case may be.
The Child Rights Act
– Section 69 of the Child Rights Act provides that the court may :-
a). On the application of the father or mother of a child make such order as it may deem fit with respect to the custody of the child & the right of access to the child of either parent, having regard to :
– The welfare of the child and conduct of the parent.
– The wishes of the mother and father of the child.
b). Alter, vary or discharge an order made under the paragraph a) above of the Section 69 (1) of the Child Rights Act on the application of :-
– The father or mother of the child.
– The guardian of the child, after the death of the father or mother of the child.
c). In every case, make such order with respect to costs as it may think just.
The power of the court under Section 69 (1) of this section to make an order as to custody of a child and the right of access to the child may be exercised notwithstanding that the mother of the child is at that time not residing with the father of the child .
What are the provisions of Nigerian law regarding maintenance of the child and which party is to financially responsible for it?
The Child Rights Act provides that :
– Where a court makes an order granting custody of the child to one one parent, the court may further order that the other party shall pay to the custodial parent monetary sums towards the maintenance of the child on a weekly or other prescribed time basis as the court may, having regard to the means of the paying parent, think reasonable.
What is the validity of child custody clauses in separation deeds?
Under Nigerian law, no agreement contained in any separation deed made between the father and mother of a child shall be invalid by reason only of its providing that the father of the child gives up the custody or control of the child to the mother.