MERCY OSARIEMEN IGBINEDION

Although marriage is a legal institution used in solving marital instability, in most cases, it creates complex challenges with regard to children welfare and protection. The Matrimonial Causes Act (MCA) forms the main legislative foundation of divorce, separation and ancillary reliefs in the Nigerian legal system. But the overlap of the Act with the rights of the child, especially as expressed in the Child Rights Act 2003 and the global provisions like the UN Convention on the Rights of the Child is a serious subject of academic interest. This paper discusses how the MCA is sufficient to protect the rights of children both during and after dissolution processes. It questions the law-making principles on custody, maintenance, access and guardianship as well as evaluates the discretion of the judiciary and the overall importance of the best interests of the child. Through the case law, statutory provisions and comparative outlook, the study brings to the fore both the weaknesses and strengths of the matrimonial jurisprudence in balancing the interests of parents and child welfare in Nigeria. The paper contends that although the MCA offers a legal framework in the ancillary relief it lacks adequate incorporation of child centered provisions, hence there is a need to reform the laws to align the family law with the laws of children rights. Finally, the paper highlights the necessity of more comprehensive and rights-oriented approach to matrimonial conflicts with an aim at preserving dignity, welfare, and future of the child