CUSTODY OF A CHILD – CONSIDERATIONS BY A COURT IN GRANTING THE CUSTODY OF A CHILD
“It can gleaned from the prescription of section 71(1) of the Matrimonial Causes Act and the catalogued principles that the operating word is welfare which is coterminous with interest. Curiously, the Matrimonial Causes Act did not define it or the phrase “welfare of child.” In J. v. C (1970) A.C. 668/710, Lord MacDermott coined/couched the import/purport of “welfare of the child” thus:
I think they connote a process whereby, when all the relevant facts, relationships, claims and wishes of parents, risk, choices and other circumstances are taken into account and weighed, the course to be followed will be that which is most in the interests of the child’s welfare as that term has now to be understood.
Unarguably, in granting custody, the interest/welfare must rank foremost on the list of items relevant for consideration. It has to supersede/hold dominion over the parochial/selfish interests of the parents.”
PER O. F. OGBUINYA, J.C.A. in Dr. Ojor Ayemoba V Mrs Olubunmi Ayemoba LERCA/K/382/2016 https://legalpediaonline.com/dr-ojor-ayemoba-v-mrs-olubunmi-ayemoba/