REVIEW OF THE BEST INTEREST OF A CHILDS CUSTODY IN NIGERIA

This research examined the review of the best interest of a child as one of the determinants for custody of a child in Nigeria. It explored custody of children and the extent to which the welfare of children who become involved in custody litigation in Nigeria are protected. Custody dispute arises when separated parents cannot agree about how to divide the ongoing right and responsibility of parenting. While most parents resolve custody privately, a substantial number also passes through our courts. The question of whether a divorce or judicial separation as such harms children is a controversial one, but recent research works have suggested that the divorce process itself may well have a traumatic effect on a significant number of children. When the issue of custody comes up, the court regards the childs interest as the paramount consideration. Hence section 71(1) M.C.A. 1970 provides that, in proceedings concerning the issue of custody, the court shall regard the interest of those children as the paramount consideration and subject to that the court may make such order in respect of those matter as it thinks proper. This work thus reviews the determinant factors for custody and describes a current custodial arrangement in Nigeria. The premise of this research also based that custodial right in Nigeria is only given to the father and not to the mother as a result, the children become the victim of the circumstances. It also looks at the custody issue as ancillary relief in the sense that custody is an aftermath of divorce. Since the best interest of the child is of paramount importance, the question then is, can there be custody without divorce? The researcher also made a comparative analysis with other jurisdictions to provide a broader insight into custodial rights. This research provided a significant change in the mode of granting custody order by the Nigerian courts. Where the emphasis should be on the welfare of the child rather than paternity right, the researcher also proffered solution that custody of a child should be made a principal relief in the interest of the child and also provisions should be made for a child to bring an action by himself or herself where he/she understands the nature of such, despite his/her age or through a friend.