KIULJ Volume. 7, Issue 1 (2025)

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Contributor(s)

Hilary Nwaechefu, Binomugisha Alexandra, Amina Wahab & Babirye Resty
 

Keywords

Child support centre Child custody Domestic violence Custody Order Family court
 

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Examining the legal and social implications of child custody disputes in cases of domestic violence in Nigeria

Abstract: The disputes over who takes custody of a child or children in the event of domestic violence or divorce are a common feature in the matrimonial matters in Nigeria. Litigation abounds on this subject, and in some cases, police action ensues over domestic violence and the custody of children in domestic violence situations in a home. There are several pieces of legislation, judicial pronouncements on child custody, which is the focus of this paper. The objective of this paper is to examine various considerations for the award of child custody in a situation of domestic violence, examining the efficacy of welfare of the child in child custody disputes, and making recommendations towards the efficient resolution of disputes of a child custody-related nature. This paper adopts doctrinal methodologies involving statutes, law reports, case laws, textbooks, and internet sources, and so on. The paper finds that children suffer emotional and psychological trauma in the event of domestic violence or divorce of their parents, which leaves the child at the mercy of customs and tradition, and the court has to intervene to safeguard the child’s interest and welfare in the immediate and the long run. The paper recommends the establishment of a family court that will specialize only in child custody. It further recommends the establishment of welfare support centres for the child pending adjudication of custody., It also recommends a specialized court only for child welfare and custody matters for the speedy handling of custody disputes, putting the interest of the child at the utmost priority.
 
 
 

Kampala International University Law Journal (KIULJ), ISSN: 2519-9501, 2025 | All Articles