The child was born on 16 May 2004 of the marriage of Clifford Raboude with the Swiss expatriate when she was on holiday in Mauritius. The couple is now living separately and the husband has preferred to return to Mauritius. In the meantime the mother obtained the custody of the child pursuant to a judgment delivered by the Switzerland Federal Court. The father has a right of visit.

Last year the mother allowed the child to accompany his father to Mauritius for a few weeks’ holiday. After the vacation the father refused to send the child back to her mother. The mother notified the Ministry of Gender Equality, Child Development and Family Welfare of the retention of the child in Mauritius by her father.

The Ministry entered an application to the Judge in Chambers under Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction moving for an order. The applicant requested the Supreme Court to declare that the minor Corinne Océane Raboude has been wrongly retained in Mauritius and order the return of the said minor to Switzerland. The application has been made at the request of the applicant’s Swiss counterpart and on behalf of the mother of Océane Raboude. The father Clifford Raboude resisted the application and averred that for the child own sake she should not be sent back to Switzerland given that he recently discovered that Corinne Raboude-Hochstrasser indulges in prostitution.

Living in such a surrounding would influence adversely the child’s future attitude and behaviour in society. Exercising her discretion Justice Beesoondoyal found that the exceptional circumstances against the child’s return to Switzerland under article 13 (b) and 20 of the convention have not been established by the father who wrongly retained the child in Mauritius.