REFLECTIONS ON CUSTODY OF A CHILD IN NIGERIA AND AUSTRALIA

Abstract

This paper examines Child Custody in Nigeria and Australia. Developments in modern society brings social political and economic pains on Nigerians and Australians resulting in adverse effect on the life span, sustenance of marriages and children in those marriages. The paper utilizes relevant statutes, treaties, textbooks, judicial precedents/case law. The paper became imperative due to repeated cases of broken marriages, child neglect and increase in child custodian cases in these nations. The aims of this paper inter-alia is appraise determination of custody, the interest of the child, adequacy of arrangement for the child, equality of parents ,review of granting of custody of a child in Nigeria and Australia, custody options available and best interest of a child. The findings of this paper amongst others are: In the determination of the child interest in making a custody order, the court will take into account the age of child; the arrangements made for their accommodation, education, welfare and general upbringing, as well as the conduct of the relevant party applying for the child’s custody. Children need stability and security. The paper concluded that, based on the plethora of judicial decisions on custody of children, the basic factor, is the best interest and welfare of the child. Courts also exercise their discretion on the issue of Child custody in accordance with the unique circumstances. The law always presents the child’s welfare as the paramount principle, while for governments the overriding principle is to preserve the marriage, since family is the cornerstone of society. It was recommended that the law should consistently promote responsible parents, as providers. The various laws should be amended in line with current international best practices. Judicial decisions on child custody should be pragmatic and negative cultural influences should be jettisoned.