A marriage that once flourished, nurturing joy, shared experiences, and indelible memories may, in time, be dissolved at the instance of either party. Such dissolution inevitably raises questions regarding the enduring and often irreversible consequences that stem from what was once a harmonious union. In Nigeria, matrimonial proceedings are governed by the Matrimonial Causes Act of 1970, which prescribes the statutory grounds upon which a marriage may be dissolved. These grounds demand strict proof, with the courts adopting an adjudicatory posture aimed at preserving the institution of marriage wherever possible.
When dissolution is ultimately granted, a range of consequential matters commonly referred to as ancillary reliefs arise for determination. Chief among these is the question of custody of the child or children of the marriage. The central inquiry becomes: between the now estranged spouses, who should assume legal and physical custody? This article examines the governing principles and key considerations that inform the court’s discretion in resolving such disputes.