Divorce is often one of the most difficult moments in a person’s life. Where children are involved, the process becomes even more sensitive. It is no longer only about the end of a marriage. It is also about the stability, education, emotional wellbeing and future of a child.
In Mauritius, child custody is not decided as a contest between parents.
The Court does not ask which parent has “won” the dispute. The real question is different:
What arrangement is in the best interests of the child?
A recent judgment of the Supreme Court of Mauritius, reported as 2026 SCJ 214, provides a useful reminder of how custody, access rights and alimony are considered in divorce proceedings.
Under Mauritian law, the welfare of the child is the central consideration.
The Code Civil Mauricien provides that, after divorce, the Supreme Court decides on the custody of children by taking into account their advantage and interests.
The law also recognises that divorce does not bring an end to the rights and duties of parents towards their children.
This is an important point. A divorce ends the legal bond between spouses.
It does not end the responsibility of a parent.
The Divorce and Judicial Separation Act also gives the Court power to make orders concerning the custody of minor children.
In doing so, the Court must treat the interests of the child as the first and paramount consideration.
In practical terms, this means that the Court will consider the child’s actual life, not merely the wishes of the parents.
The Court’s approach is practical. It looks at what is happening in the child’s life and what arrangement is likely to protect the child going forward.
In 2026 SCJ 214, the Court had to decide custody, access rights and alimony after the breakdown of a marriage.
The parents had one minor child. The child had been living with the mother for several years. The father sought custody, but the Court considered whether transferring custody would truly serve the child’s interests.
The Court noted that the child was already settled in her current environment. She had an established routine, was attending school, and had important examinations ahead.
The Court was careful not to disturb that stability without strong reasons.
This is one of the most important lessons from the judgment: a child who is settled will not lightly be uprooted.
Stability is often a decisive factor in custody cases. A child’s life is built around routines: home, school, homework, transport, activities, meals, rest and emotional security. A custody order that disrupts these routines may have serious consequences.
In the case reported as 2026 SCJ 214, the Court considered that changing custody at a critical stage of the child’s schooling would be disruptive and detrimental. This does not mean that the other parent is unimportant. It simply means that the Court will carefully assess whether a change is necessary and beneficial for the child. A parent seeking custody should therefore be prepared to show clearly how the proposed arrangement will serve the child’s welfare.
Custody does not usually mean that the other parent disappears from the child’s life.
Mauritian law recognises the importance of access rights. The parent who does not have custody may still have a right to maintain a relationship with the child through:
The Code Civil Mauricien provides that the parent who does not have custody retains the right to supervise the child’s maintenance and education, and must contribute according to his or her resources. A right of visit and accommodation may only be refused for serious reasons.
In 2026 SCJ 214, although custody was granted to the mother, the father was still granted structured access rights. These included weekend access, holiday arrangements and other contact with the child.
This reflects the balanced approach of the Court. The child’s welfare remains central, but where appropriate, the child should continue to have a meaningful relationship with both parents.
The Court may consider the views of a child, especially where the child is old enough to express a meaningful opinion.
However, the child’s wishes are not automatically decisive.
In 2026 SCJ 214, the child had expressed a wish to split time between both parents. The Court took that wish into account, but also recognised that an 11-year-old child may not fully understand the practical consequences of a shared custody arrangement.
This is a careful and realistic approach. Children may have feelings and preferences, but the Court must still decide what is best for them in the broader sense.
A child’s voice matters. But the final responsibility rests with the Court.
Alimony for a child is not fixed at random.
The Court considers the child’s needs and the parents’ respective means. The purpose is to ensure that the child’s reasonable expenses are met.
Child maintenance may include:
Under the Code Civil Mauricien, the contribution to the maintenance and education of children generally takes the form of a pension alimentaire, unless the Court decides otherwise. In 2026 SCJ 214, the Court considered the child’s expenses, including school fees, transport, clothing and health insurance. The Court ordered monthly alimony of Rs 14,000 for the child’s upkeep and maintenance. The Court also adopted a practical solution by allowing certain expenses to continue being paid directly, including school fees, school transport and health insurance. This helped reduce unnecessary conflict between the parents.
The objective of alimony is simple: the child’s needs must be properly met.
In divorce and custody proceedings, emotions can run high. Parents may make serious allegations against each other. But allegations alone are not enough. The Court expects evidence. A parent who claims that the other parent is harming the child’s welfare, education or routine must be ready to support that claim with credible material. Useful documents may include:
In 2026 SCJ 214, the Court was critical of allegations that were not supported by independent evidence. The judgment also shows that the Court will consider whether a parent is truly focused on the child’s welfare, rather than on personal grievances against the other parent. This is an important practical lesson. A custody case should be prepared with care, discipline and evidence.
Divorce proceedings involving children require calm preparation. A parent should avoid approaching the case as a personal battle. The Court is more concerned with solutions than blame. It will look for the arrangement that best protects the child.
A responsible approach includes:
The strongest custody case is usually not the loudest one. It is the one that is best supported by facts, evidence and a genuine focus on the child’s welfare.
The judgment reported as 2026 SCJ 214 offers several practical lessons for parents in Mauritius.
Finally, the way a parent conducts himself or herself in proceedings can matter. A parent who remains focused on the child’s welfare is more likely to assist the Court.
The Court decides custody by considering the best interests, welfare and advantage of the child. The child’s home environment, schooling, routine, emotional wellbeing and existing care arrangement may all be relevant.
Yes. The parent who does not have custody may be granted droit de visite and droit d’hébergement, unless there are serious reasons to restrict access.
The Court may consider the child’s wishes where appropriate, but the child’s preference is not decisive. The Court makes the final decision based on the child’s best interests.
Alimony is assessed according to the child’s needs and the parents’ respective means. The Court may consider school fees, transport, medical expenses, clothing, food and other necessary expenses.
A parent should gather documents showing the child’s routine, expenses, schooling, medical needs and the parent’s involvement in the child’s life. Evidence is often essential.
Divorce and child custody proceedings require more than legal formalities. They require careful preparation, clear evidence and a proper understanding of what the Court is likely to consider important. The decision reported as 2026 SCJ 214 confirms the child-centred approach of the Supreme Court of Mauritius. Custody, access rights and alimony are not determined by emotion alone. They are determined by the child’s interests, the child’s stability and the practical realities of each family. Where children are concerned, the best approach is to remain focused, prepared and guided by the welfare of the child.
This article is provided for general information only and does not constitute legal advice. It is not intended to create a barrister-client or legal practitioner-client relationship. Each family law matter depends on its own facts and circumstances. Any person facing divorce, child custody, access rights or alimony issues should seek advice from a qualified legal practitioner in Mauritius before taking any action.