The Legal Framework for Child Custody Disputes in Cross River State: Judicial Approaches and the Best Interest Principle

Child custody adjudication in Nigeria represents one of the most sensitive intersections of private law, customary practices, and international human rights norms. This study examines judicial approaches to child custody disputes in Cross River State, South South Nigeria, with particular focus on how courts apply the best interest of the child principle under the Child Rights Act 2003 and the Cross River State Child Rights Law. Adopting a doctrinal and empirical research methodology, the study reviews 35 judgments from the Cross River State High Court decided between 2018 and 2023, supplemented by interviews with 12 family law judges and 20 legal practitioners in Calabar. The research identifies tensions between customary norms, which frequently favour paternal custody, and the child-centred approach mandated by legislation. Findings demonstrate that courts often apply the best interest principle inconsistently, with outcomes shaped by judicial discretion, parental financial capacity, and gender bias rather than uniform legal standards. The study further discusses how cross-border custody disputes involving Nigerian and Cameroonian nationals present jurisdictional challenges not adequately addressed in current frameworks. Recommendations include the development of judicial guidelines for custody determinations and greater investment in family court infrastructure. This study adds to the scholarship on family law reform in Nigeria's South South region. Keywords: child custody, best interest principle, Cross River State, family law, Child Rights Act