Abstract

The welfare of children after divorce has been an issue of concern for years in the world in general and in Cameroon in particular. Every nation strives hard to safeguard their welfare in every aspect because when properly nurtured, Children definitely give rise to a great nation, and for this reason, they are often considered a nation’s future.

The family environment is the foundation for the development of children. Thus, when its stability is broken due to the occurrence of divorce, necessary measures are taken by the government to safeguard the child’s welfare at risk. However, despite the legal and institutional framework in place, the child’s welfare after divorce is still at stake.

As such, this research aims at examining the effectiveness of the measures in place and the extent to which they ensure the safeguard of the welfare of children after divorce in Cameroon. The study adopts a qualitative research methodology which involves the content analysis of primary and secondary data.

This study reveals that the inability to protect the welfare of the child after divorce is as a result of the disregard of some vital aspects of the welfare of the child. The study therefore recommends the implementation of the laws, the creation of a Social Service for the protection of children victim of divorce, and the creation of a training program for divorced parents. This will help enhance the protection of the child’s welfare after divorce.

CHAPTER ONE

GENERAL INTRODUCTION

1.1- Background of study

Marriage was defined in the case of Hyde v Hyde as the voluntary union for life of one man and one woman, to the exclusion of all others . There are two kinds of marriages in Cameroon: marriage under the ordinance which may be polygamous or monogamous and customary marriages As time goes by, more meaning and societal value was attached to the Marriage institution, it was not only regarded as a union between two persons but as a sanctuary for childbearing, safe refuge, and the basis of a successful career, culture of a child.

Healthy marriages promote the wellbeing and good upbringing of the children. It keeps the children in balance with their mental and physical health, promotes educational growth of the child and protects the child from societal problems.  In fact, a child’s success rate is greatly influenced by his home as it is the starting point of his or her life. However, not all marriages are healthy and may thus, result into a divorce and in such cases, the welfare of the child is at stake.

Divorce is the legal ending of marriage.  Divorce often entails the cancelling or reorganizing of the legal duties and responsibilities of marriage thus, dissolving the bonds of matrimony between a married couple under the rule of law of a country or state.  According to the Matrimonial Causes Act 1973, for a divorce to be granted, there must be prove that the marriage has broken down irretrievably, either by adultery and intolerability, Desertion, unreasonable behavior.

Because of the threat caused by divorce, Cameroon put in place numerous legal frameworks to safeguard the welfare of children such as the Matrimonial Causes Act 1973, Family Proceedings Act 1984. After the enactment of these laws, Cameroon signed and ratified a number of conventions and acts in order to ensure the welfare of children such as; the United Nations Convention on the rights of a child on 27th September 1990. The Children’s Act 1989.

In granting custody of the child, which is one of the most determining factors of his welfare, the so called “best interest of the child” standard laid in the UNCRC is simply another name for “maternal preference rule” by courts.  As they still hold that maternal custody is best suited for the child though it’s not always true.

1.2- Statement of the problem 

It is true that the measures implemented by Cameroon to ensure the child’s welfare after divorce cannot be unrecognized. From the Constitution down to the implementation of substantive laws, everything demonstrates that the welfare of children in Cameroon is of paramount consideration. The Matrimonial Causes Act 1973 provides that any child below the age of 18 is automatically entitled to child maintenance after divorce in Cameroon. Some Social Services follow up with children during and after divorce of their parents in order to ensure their welfare.

Unfortunately, despite the numerous measures put in place, one may still regard these efforts as inadequate. Their application is greatly criticized, the laws tend to provide solutions only to the financial situation of the child and disregards the social, physical and mental effects of the divorce on the child. The maternal preference rule is insufficiently child protective and therefore indefensible under the best interest principle.

“The determination of the welfare of a child is a composite of many factors. Consideration such as the emotional attachment to a particular parent, mother or father; the inadequacy of the facilities, such as educational, religious, or opportunities for proper upbringing are matters which may affect the determination of who should have custody.”   Thus, this research seeks to examine the law and its implementation in regards to safeguarding the welfare of children after divorce in Cameroon.

1.3- Research Questions

1.3.1- General Research Question

How is the welfare of children safeguarded after divorce in Cameroon?

1.3.2- Specific Research Questions

1. What is the legal framework for the safeguarding of children in Cameroon?
2. What are the institutional and policy frameworks put in place to ensure the welfare of children after divorce?
3. How effective are the measures put in place to ensure the welfare of children after divorce?
4. What policy recommendations can be made to address the problems?

Check out: Law Project Topics with Materials