The Chairman, Special Investigation Panel (SIP) on Sexual and Gender Based Violence ( SGBV) Barrister Tony Ojukwu has stated the need to upload the best interest of the child principle in resolving cases of SGBV saying that misunderstanding between couples should not be an excuse to jeopadise the right of any child.
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Chuku who is the Executive Secretary of National Human Rights Commission stated this during the second phase public sitting of the complainants of SGBV in Abuja observed that couples having domestic issue should strive to ensure that the right and welfare of their children are given utmost priority.
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The Executive Secretary, while making reference to a complain of alleged denial of access to children and assault, brought by a 30 year old woman against her husband, noting that a husband does not have the right to deny his wife access to their children.
He however said that the Child Right Act 2003 provides that a woman should have custody of child who is below the age of 18 years and thereafter, the child who matured can decide weather to stay with the father or mother as the case may be.
” There are however exceptional circumstances that could warrant the commission to hold that children under 18 years can stay with his father
” As far as the husband and wife are alive they are entitled to have access to their children, weather they are living together or not”.
