EXAMINATION OF CUSTODY AND GUARDIANSHIP UNDER THE CHILD'S RIGHT ACT 2003

This research critically explores the implementation of the Child’s Rights Act 2003 (CRA) in Nigeria, with a specific focus on its provisions concerning custody and guardianship of children. Enacted to domesticate the United Nations Convention on the Rights of the Child, the CRA establishes a legal framework intended to prioritize the best interests and welfare of children in all matters affecting them, including parental separation and guardianship disputes. However, its enforcement remains inconsistent and problematic across various jurisdictions in Nigeria due to the country’s plural legal system, comprising statutory, customary, and Islamic laws. The study identifies key challenges impeding effective application of the CRA, including cultural resistance, religious influences, and the failure of some states to domesticate the Act. These factors, compounded by institutional inefficiencies and patriarchal norms, often result in discriminatory outcomes in custody decisions, such as the preference for paternal custody irrespective of the child’s needs. Using a doctrinal legal methodology, the research analyzes statutory provisions, judicial decisions, and relevant international instruments to assess the gaps in implementation. A central finding is the lack of a consistent and practical interpretation of the “best interests of the child” principle, which allows subjective and often conflicting applications across courts and communities. The paper recommends the creation of a clear, unified legal framework that defines custody and guardianship distinctly, ensures nationwide applicability, and overrides discriminatory customs. Judicial training and community sensitization are also proposed to foster a more child-centered approach. Ultimately, the research advocates for harmonization of Nigeria’s legal systems to fully realize the protective aims of the CRA.