THE WELFARE OF THE CHILD: KEY CONSIDERATIONS IN DIVORCE PROCEEDINGS. | ECULAW MEDIA

When a marriage breaks down, the welfare of the children is often the most critical concern. In divorce proceedings, the court's primary objective is to ensure the child's physical, emotional, and psychological well-being. But what factors does the court consider when granting applications regarding children?

THE PARAMOUNTCY PRINCIPLE

In Nigeria, the Child’s Rights Act (CRA) and the Matrimonial Causes Act (MCA) govern the welfare of children in divorce proceedings. The paramountcy principle, as enshrined in Section 1(1) of the Child’s Rights Act, states that the child's welfare shall be the court's paramount consideration.

KEY CONSIDERATIONS

When determining applications regarding children, the court considers the following factors:

1. The child's wishes and feelings: The court takes into account the child's views, depending on their age and level of understanding.
2. The child's physical, emotional, and educational needs: The court assesses the child's needs and how they can be met by each parent.
3. The child's relationship with each parent: The court evaluates the quality of the relationship between the child and each parent.
4. The child's relationship with other family members: The court considers the child's relationships with siblings, grandparents, and other extended family members.
5. The impact of change: The court assesses the potential impact of changes to the child's living arrangements, including relocation or changes to care arrangements.
6. The parents' ability to provide a stable environment: The court evaluates each parent's ability to provide a stable, loving, and secure environment for the child.
7. Any history of domestic violence or abuse: The court considers any history of domestic violence or abuse and its potential impact on the child's welfare.

However, considering the best interest of a child is not only the paramount one. The court is enjoined to take the conduct of the parties into consideration, which entails financial means, character, and comportment. See the case of ONWOCHEI ODOGWU VS. OTEMEOKA ODOGWU (1992) 2 SCNJ (PT. 11) 357, where the Supreme Court stated that the welfare of a child is a paramount consideration; if possible the court could allow the child's wishes in considering what order to be made. Again, an order for custody must have in view the opportunity of sound education as well as physical and mental welfare, a parent who will deny these to his or her child is not worthy of an order for custody from the court. Per ABDULLAHI, J.C.A in okorie v. okorie (Pp. 23-24 paras. A-A)

TYPES OF ORDERS

The court can grant various types of orders regarding children, including:

1. Custody orders: Determining which parent has primary care of the child.
2. Access orders: Determining the level of contact between the child and each parent.
3. Residence orders: Determining where the child will live.
4. Specific issue orders: Determining specific issues, such as education or healthcare.
5. Prohibited steps orders: Preventing a parent from taking specific actions, such as relocating the child.

It is trite that when it comes to custody of a child, what the court ought to consider paramount is the best interest of the child. This is stated in Section 71 (1 - 4) of the Matrimonial Causes Act. In THERESA TEMITAYO WILLIAMS VS RASHED ARMED WILLIAMS (1987) 4 SC 32, it was held that any order made should be aimed at giving what is best for the children in the surrounding circumstances of each particular case. What is best must necessarily relate to the welfare, progress, and advancement as well as the education of the children of the marriage.

CONCLUSION

In divorce proceedings, the court's primary concern is the welfare of the child. By considering the key factors outlined above, the court can make informed decisions that prioritize the child's physical, emotional, and psychological well-being. As the court navigates the complex and often emotional landscape of divorce, its paramount consideration remains the best interests of the child.