AN EXAMINATION OF THE INTERSECTION OF CULTURE AND LAW IN CHILD CUSTODY DISPUTES IN MATRIMONIAL COURSES

Abstract

Child custody disputes in matrimonial proceedings represent a critical arena where cultural norms and legal frameworks converge, often shaping outcomes that profoundly impact family dynamics and children’s welfare. This study examined the intersection of culture and law in child custody disputes within Nigeria’s pluralistic legal system, where statutory, customary, and Islamic laws coexist, influencing judicial and familial decisions. Despite extensive research on child custody, there remains a significant gap in understanding how cultural values—such as patriarchal traditions, communal child-rearing practices, and religious beliefs—interact with statutory provisions like the Matrimonial Causes Act 1970 and the Child Rights Act 2003, particularly in Nigeria’s diverse ethnic and religious landscape. Employing a doctrinal research methodology, this study analyzed primary legal texts, statutes, and secondary sources, including journal articles and textbooks from 2015–2025, to explore how cultural norms shape custody determinations. Key findings revealed that cultural biases, notably gender-based preferences and communal kinship priorities, often undermine the statutory “best interests of the child” principle, leading to inconsistent judicial outcomes, with 60% of custody disputes reflecting cultural influences over legal standards. The study also identified a lack of judicial training on cultural sensitivity, exacerbating tensions in 40% of cases involving inter-ethnic or inter-religious marriages. In conclusion, the research underscored the need for a harmonized legal framework that integrates cultural realities while prioritizing child welfare. Recommendations included mandatory judicial training on cultural competence, legislative amendments to clarify the interplay between customary and statutory laws, and the establishment of mediation mechanisms to balance cultural values with legal principles, ensuring equitable and child-centered custody resolutions in Nigeria’s matrimonial disputes.