An examination of the welfare principle in child proceedings in Nigeria

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Periodical article

Title:	An examination of the welfare principle in child proceedings in Nigeria
Author:	Owolabi, A.A.
Year:	1996
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	9
Issue:	2
Pages:	105-122
Language:	English
Geographic term:	Nigeria
Subjects:	family law children guardianship
Abstract:	The courts in reconciling the conflicting rights of claimants to the custody, care and upbringing of a child are guided by the welfare and best interests of the child. This article examines the working of the welfare principle in child proceedings with particular reference to the Nigerian legal system. It considers the application of the principle and the factors that assist the court in determining the child's best interests. These include the character and conduct of the claimants, the age and sex of the child, the child's need for proper educational and religious upbringing, its welfare and material needs, and its emotional and mental stability. The author highlights the arguments advanced against the welfare principle by legal writers and jurists, and offers suggestions that would enhance the operation of the welfare principle in child proceedings in Nigeria. Notes, ref.