Position of the Law on the Issue of Custody of Children of a Marriage

CASE TITLE: ERHIAGANOMA v. ERHIAGANOMA (2022) LPELR-57767(CA)

JUDGMENT DATE: 2ND JUNE, 2022

PRACTICE AREA: MATRIMONIAL CAUSES

LEAD JUDGMENT: ADEMOLA SAMUEL BOLA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Custody of a Child.

FACTS:

This appeal is against the judgment of the High Court of Edo State holding at Benin City, delivered on 26/6/2018 by Hon. Justice A. Courage-Ogbebor.

The Appellant and the Respondent were married under the Marriage Act, which was contracted at the Federal Marriage Registry Ikoyi – Lagos on 23/10/2009. After the marriage, the parties settled in the United Kingdom. When the marriage turned sour, the Respondent filed a petition for the dissolution of the marriage between her and the Appellant. The petition was filed on 30th March 2016. On being served the petition, the Appellant filed an answer to the petition. The Respondent filed a reply which she later amended. The petition later proceeded to trial. Upon the conclusion of the hearing, the trial judge dissolved the marriage between the parties and granted sole custody of the only child of the marriage to the Respondent at the trial Court.

The Appellant not satisfied with the judgment of the trial court in relation to the custody of the only child of the marriage filed an appeal at the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court of Appeal determined the appeal on the sole issue thus:

“Whether the order of the lower Court granting custody of the issue of the marriage solely to the Respondent is appropriate in the circumstance.”

.

DECISION/HELD:

On the whole, the appeal was allowed. The Court of Appeal directed that the Appellant is entitled to the custody of the only issue of the marriage upon completing his primary school education with the Respondent. The Appellant shall take custody of the child for his secondary school and tertiary education. Furthermore, the Court of Appeal directed that while the child is in the custody of the Respondent, the Appellant shall comply with the order of the trial court regarding the welfare and maintenance of the child.

RATIOS:

• MATRIMONIAL CAUSES- CUSTODY OF A CHILD: Principles guiding the exercise of discretion of the Court regarding the issue of children/custody of children of a marriage