Child custody in Mauritius
Mauritius has a civil code of French origin, with common-law influences, and the court decides custody by the child's interests.
Updated October 2026. Spotted a mistake? Tell us.
A general outline, not a checked profile
We have not yet researched Mauritius line by line. This page describes how countries with the same legal tradition usually work, so that the map is not blank, and it can differ from the law in Mauritius. Reliable, current information is hard to find for many African countries: laws are often not published online or not translated, customary and religious rules are unwritten or differ from one community to the next, and reforms are not always reported.
Can you help? If you know the rule in Mauritius, or you work with its law, please email us what it says and where it is written. We will check it and update the page, with credit if you wish.
If the parents are married
Both parents hold parental authority together, and the child's interests come first.
If the parents are not married
The mother holds parental authority over a child born outside marriage. The father gains it by acknowledging the child, by agreement or by a court decision.
The unmarried father, in one line: Depends on the form of the marriage and on the community.
After a divorce or separation
The court decides where the child lives and the contact of the other parent, by the child's interests.
What the child can say
The child's views are heard according to age and maturity.
Moving house or moving abroad with the child
Where both parents have parental responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission. Check the rules before any move.
If the parents live in different countries
Mauritius is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Understand the legal system first
Mauritius belongs to the Mixed: civil and common law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Mauritius legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Mauritius? →
Official sources
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
