By Vyas Adheen Law Office | Family Law Mauritius

Nobody gets married expecting to one day sit across a courtroom from the person they once loved, arguing over who gets to tuck their child in at night. But separation happens — and when it does, the question of who a child lives with, who makes decisions for them, and how much time each parent gets becomes the most important legal question in the room.

If you are going through a separation or divorce in Mauritius and children are involved, this guide explains exactly how the law works, what the courts look at, what your rights are, and what you should do to protect both yourself and your child.

Child custody in Mauritius is primarily governed by the Divorce and Judicial Separation Act, supplemented by the Civil Code, the Children’s Act 2020, and Supreme Court precedent.

The Mauritian legal system blends French civil law, English common law, and local statutory frameworks. This is why you will encounter both French legal terminology such as autorité parentale, garde, and droit de visite, alongside English legal concepts such as “best interests of the child” and “care and control.”

The Family Division of the Supreme Court has jurisdiction over custody matters arising from divorce proceedings.

The Core Principle: Best Interests of the Child

Everything in Mauritian custody law revolves around one fundamental principle:

The court shall always consider the best interests of the child.

This principle is reinforced by the United Nations Convention on the Rights of the Child, ratified by Mauritius in 1990.

In practice, this means that no matter what either parent wants, the court’s primary concern is always:

What arrangement is best for the child?

Parental Authority vs Custody

It is important to understand that Mauritian law distinguishes between:

• Parental Authority (autorité parentale)
• Custody / Care and Control

Parental Authority

Parental authority refers to the rights and duties parents have toward their child, including:

• Protection
• Education
• Maintenance
• Major life decisions

Both parents generally continue to share parental authority even after divorce.

Custody / Care and Control

Custody refers to the parent with whom the child primarily lives and who handles daily life matters such as:

• Daily routine
• School logistics
• Medical appointments
• Social activities

Even where one parent has care and control, major decisions affecting the child usually remain shared.

Main Types of Custody Arrangements

Joint Custody

Joint custody allows both parents to share major responsibilities and decisions concerning the child.

One parent may still have immediate care and control while decisions remain shared.

Sole Custody

The court may grant sole custody also. 

This may occur in situations where the other parent has had accusations which cause prejudice to the child. 

• Domestic violence
• Substance abuse
• Mental health concerns
• Abandonment
• Relevant criminal history

The non-custodial parent may still receive visitation rights unless contact would endanger the child.

Factors Mauritian Courts Consider

Emotional Stability

The court evaluates which parent can provide a stable, nurturing environment.

Financial and Practical Capacity

The court examines:

• Housing
• Healthcare
• Nutrition
• Education
• Daily caregiving ability

Continuity and Stability

Courts often try to preserve the child’s existing routine, school, and social environment.

The Child’s Wishes

Children around age 12 and older may have their views considered if sufficiently mature.

Parental Involvement

The court looks at which parent has historically handled:

• School events
• Medical appointments
• Daily caregiving

Health and Safety Concerns

Substance abuse, violence, or mental health concerns may heavily influence the court’s decision.

Practical Logistics

The court also considers:

• Work schedules
• School proximity
• Family support systems

Keeping Siblings Together

Mauritian law generally avoids separating siblings unless absolutely necessary.

The courts consistently treat sibling separation as a last resort.

Are Mothers Favoured?

No.

Although mothers have historically often received custody while the child is still under 5 years old, Mauritian law does not automatically favour either parent based solely on gender specifically if the child is above 5 years old. 

Fathers can absolutely obtain custody where circumstances justify it.

Interim Custody Orders

During ongoing divorce proceedings, the court may issue temporary custody orders to provide immediate stability for the child.

Emergency protection measures are also available under the Children’s Act 2020 where a child is in danger.

Visitation Rights

A parent who does not receive custody will generally still receive visitation rights.

Visitation arrangements may include:

• Weekend stays
• Holiday access
• Video calls
• Supervised visits

Courts may restrict contact where necessary for the child’s welfare.

Child Maintenance

Both parents remain financially responsible for their children after separation or divorce.

The court may order monthly child maintenance payments based on:

• The child’s needs
• The parents’ income
• The child’s standard of living

Maintenance orders may later be modified if circumstances significantly change.

Can Custody Orders Be Changed?

Yes.

Custody and access arrangements may be varied where circumstances materially change.

Examples include:

• Relocation
• Remarriage
• Health issues
• Financial changes

Relocating Abroad With a Child

A parent wishing to relocate abroad with a child must usually obtain:

• The consent of the other parent, or
• Court authorisation

The court will assess:

• The child’s best interests
• The reason for relocation
• The impact on the remaining parent’s relationship
• Whether meaningful contact can continue

Removing a child from Mauritius without consent or court approval may constitute child abduction.

Mediation in Custody Disputes

Mediation is encouraged in Mauritius to reduce conflict and help parents reach practical agreements.

Agreements reached through mediation may be approved by the court and become legally binding.

Grandparents and Third Parties

Grandparents may apply for contact rights where it is in the child’s best interests.

In exceptional cases, custody may also be granted to third parties if both parents are unable to care for the child.

Frequently Asked Questions

Can fathers get custody?

Absolutely. Mauritian law does not presume mothers should automatically receive custody.

Can parents agree privately?

Yes, but it is strongly recommended to formalise agreements through a court order.

Does the child decide?

The child’s views may be considered, but the final decision remains with the court.

Can I stop the other parent from seeing the child?

Only a court can legally restrict access rights.

What if the other parent takes the child abroad?

Seek legal advice immediately. This may amount to international child abduction.

Conclusion

Custody proceedings are emotionally difficult and legally complex. The decisions made during these proceedings shape a child’s future for years.

At Vyas Adheen Law Office, we assist parents with:

• Custody disputes
• Access disputes
• Maintenance applications
• Variation of custody orders
• International relocation matters
• Mediation and court representation

Our approach is always guided by one principle:

The wellbeing of your child comes first.

Vyas Adheen Law Office
106, 1st Floor, Sterling Tower,
Poudrière Street, Port Louis,
Mauritius

This article is for informational purposes only and does not constitute legal advice. Family law matters are highly fact-specific and professional legal advice should always be obtained.