THE IMPACT OF DIVORCE ON THE REALISATION OF THE RIGHTS OF CHILDREN

Abstract

Divorce, like a tapeworm, has eaten so deep into the fibers of our being that many nations tend
to ignore the dangers that it poses to society. This article examines the impact of divorce
particularly on children and places emphasis on the rights available to the children of a
marriage. The major statutes and instrument guarding the rights of children are the Matrimonial
Causes Act, the Child’s Rights Act/Laws, and the United Nations Convention on the Rights of
the Child, 1989, which make provisions governing the way and manner in which divorce
proceedings are carried out and also attempt to protect the interest of the child. Section 71(1) of
the MCA, 1970 requires the court in matters of custody, guardianship, welfare advancement
and education of the child, to regard the interests of the child as the paramount consideration.
The rights of children can be expressed or spelled out in the court of law.However the concept
of the rights of children of a dissolved marriage has not been highlighted because there are no
express laws specifically providing for the rights of children of divorced couples in Nigeria.
The court ensures that the children of this marriage are being cared for, but there are still
instances where they may not get the desired love and care like children whose parents are
together in marriage. The purpose of this article is to identify laws expressly providing for the
rights of children of divorced couples, among other things. The article adopts the doctrinal
research method, with primary and secondary sources, which review the roles of both the legal
and institutional frameworks established to foster, recognize, observe and protect rights of
children of divorce. The article recommends that laws regulating divorce should be revisited
periodically. In addition, there should be continuous education of couples on the dangers of
divorce