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.