07/10/2026
CHILD CUSTODY: THE CHILD’S WELFARE COMES FIRST
When a marriage breaks down, disagreements over custody can easily overshadow the needs of the child.
Under Section 71(1) of the Matrimonial Causes Act, the child’s interests are the paramount consideration in custody proceedings under the Act. In Williams v. Williams (1987) 2 NWLR (Pt. 54) 66, the Supreme Court affirmed that the child’s welfare must guide the court’s decision.
The legal implications are clear:
1. Neither parent’s claim automatically takes priority over the other’s.
2. The court considers the child’s education, physical care and mental wellbeing.
3. Custody arrangements must serve the child’s interests, with appropriate provision for access where the court considers it proper.
Parents should therefore approach custody disputes with a practical question: What arrangement will best protect this child’s wellbeing and future?
A marriage may end, but the responsibility to protect and care for the children continues.
~ CDHR