ABSTRACT
The alarming rate of divorce in present times is a cause for great concern as children of the said marriages are the ones mostly affected due to their vulnerable nature. This is because separation from either parents may cause psychological problems and uncertainty of the future because of the absence of a stable and healthy family relationship. This paper examined the concept of custody by identifying the parameters used by the court in awarding custody. It further evaluated the participation of a child in the divorce/custody proceedings. The paper finds that the participation of children in the divorce/custody proceedings is on a minimal level as they are the hidden party. They are usually not legally represented as they are not included as parties to the proceedings. This paper further finds out that without judges actively involving children by ascertaining their views and attaching significant weight to them, decisions on custody may be made without a huge understanding of the individual child that comes before the court. The paper therefore advocates that the best interest of a child could be achieved if the child is allowed to actively participate in the divorce/custody proceedings as enshrined in international and domestic laws.
Keywords: Custody, Participation, Best Interest Principle, Family Law.