Taking a Child Outside of Mauritius During Separation or Divorce

When parents go through a separation or divorce, the issue of taking a child outside of Mauritius can become a contentious matter. If one parent objects to the child going abroad, it is essential to navigate the legal and practical considerations involved. In this article, we will explore the factors to consider and the steps to take in such situations.

Understanding Legal Rights and Responsibilities

Before making any decisions regarding taking a child outside of Mauritius, it is crucial to understand the legal rights and responsibilities of both parents. In Mauritius, the law recognizes that both parents have equal parental authority over their child, regardless of their marital status.

However, when it comes to international travel, the consent of both parents is generally required. If one parent objects to the child going abroad, it is necessary to seek a resolution through legal means.

Seeking Legal Advice

If you find yourself in a situation where one parent is objecting to the child going abroad, it is advisable to seek legal advice from a family lawyer. They can provide guidance on the specific laws and regulations pertaining to your case and help you understand your rights and options.

A family lawyer can assist in negotiating with the other parent, attempting mediation, or, if necessary, representing you in court. They will ensure that your interests and the best interests of the child are taken into account.

Considering the Best Interests of the Child

The court's primary consideration in cases involving the travel of a child during separation or divorce is the best interests of the child. When determining what is in the child's best interests, the court will consider various factors, including:

• The existing relationship between the child and each parent

• The child's age and maturity

• The reasons for the objection to the child going abroad

• The potential impact on the child's well-being and education

• The ability of both parents to facilitate contact and maintain a relationship with the child

It is essential to provide evidence and arguments that demonstrate how the proposed travel plans will benefit the child and address any concerns raised by the objecting parent.

Conclusion

When one parent objects to taking a child outside of Mauritius during separation or divorce, it is crucial to approach the situation with care and seek legal advice. Understanding the legal rights and responsibilities of both parents, considering the best interests of the child, and working towards a resolution through negotiation or legal proceedings are essential steps in navigating this complex issue.

By following proper legal procedures and prioritizing the well-being of the child, you can increase the chances of reaching a favorable outcome that allows the child to travel while addressing any concerns raised by the objecting parent.

Consolidating the notes

Application made by a parent to take a child to settle abroad

Custody of a child is usually a concern when a couple decides to petition for a divorce or that they are no more living together. Before the divorce, both parents will have full parental rights and responsibilities if nothing has been decided yet by the court pending the divorce procedures. The parents will still be equal guardians after the divorce even f they live apart.

For the determination of the custody it is the Supreme Court(Family Division) that will adjudicate upon who will be the main care-giver( the parent with whom the child will primarily reside) of the child. In situations where the parents of a child are no more living together and each of them is seeking custody, the approach of the court is that there should be an attempt at reconciling the interests of the parents and all others concerned with those of the child which should however be regarded as the most important.

The principles taken into consideration upon an application being made by a parent who has obtained custody to take the child to settle down outside of the Republic of Mauritius are as follows:-

• Firstly, whether it is in the interest of the child to remain with the parent who has been granted custody;

• Secondly, whether the parent who has been given custody has a legitimate motive for desiring to live away from the country;

• Thirdly, whether any particular benefit which the child would derive from continuing to be with that parent would not be outweighed by the prejudice that might ensue to the child from the change in circumstances brought about ( the balancing exercise); and

• Lastly, whether suitable and adequate provision can be arranged for maintaining as far as possible contacts between the child and the other parent and family.

When taking into consideration all the principles above, the paramount factor that the court will take into account is where does the best interest of the child lies and where is the child's prospects the brightest.