From Hambantota, Tuesday, September 05 2023

I'm currently navigating a complicated child custody battle with my ex-spouse in hambanthota, Sri Lanka. We have two children aged 6 and 9. Following our divorce, my ex-spouse was awarded primary custody, but I have had visitation rights. Recently, my ex has started restricting my access to the children and is threatening to move out of the country with them.
I am concerned for my children's well-being and want to be actively involved in their lives. I have always been punctual with child support payments, and there have been no incidents that would warrant limiting my access to the children.
Here are my specific questions.
1. What legal steps can I take to prevent my ex-spouse from moving out of the country with the children without my consent?
2. How can I go about petitioning for joint custody or more balanced visitation rights in Sri Lanka?
3. Are there any interim steps I can take to ensure I have access to my children while the legal process is ongoing?
4. What kind of evidence will strengthen my case for more equitable child custody or visitation rights?
5. Is it advisable to involve a child psychologist or social worker to assess the children's living conditions?
Your advice and insights would be invaluable to me during this stressful time. Thank you in advance for your help.
Family and Personal Law

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Shelocks Holmes
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Shelocks Holmes
xxn Preventing Out-of-Country Move: In Sri Lanka, both parents typically have legal rights over their children. To stop your ex-spouse from moving abroad without your consent, you could file for an emergency court injunction. If the judge grants this, it will temporarily bar your ex-spouse from leaving the country with the children until the issue is formally resolved.

Seeking Joint Custody or Fair Visitation: To petition for a change in the custody arrangement or a more equitable visitation schedule, you'd generally need to demonstrate that there has been a material change in circumstances affecting the children’s well-being since the original order was granted. Sri Lankan family courts prioritize the children's best interests, so you'll need to prepare a strong case showing that a new arrangement would better serve their needs.

Interim Access to Children: You can apply for interim relief, which is a temporary order that would allow you more access to your children while the custody and visitation matters are being sorted out. This may include a provision that your children must remain in Sri Lanka until the final ruling.

Evidence to Support Your Case: Maintain a record of all interactions and communications with your ex-spouse, especially those that relate to the children. Receipts showing timely child support payments, testimonials from school teachers, neighbors, or other community members attesting to your fitness as a parent, and any medical or academic records that suggest your active involvement in your children’s lives can be beneficial.

Involving Child Psychologists or Social Workers: This could be a double-edged sword. While an unbiased, professional assessment could support your case if it concludes that your involvement is beneficial to your children, it could also work against you if the findings are unfavorable. If you're confident that the conditions at your home are conducive to your children's well-being, then it might be a step worth considering.
Shelocks Holmes
Preventing International Relocation: If your ex-spouse is threatening to move out of the country with the children without your consent, you can petition the court for an injunction to prevent this. Sri Lankan law generally considers the rights of both parents, and moving the children out of the country without the consent of the other parent is usually not allowed unless there are extraordinary circumstances.

Petitioning for Joint Custody or Balanced Visitation: You can file a motion for modification of child custody or visitation rights. You'll need to show that there has been a substantial change in circumstances that warrants this change, and that it's in the best interests of the children for you to have more balanced custody or visitation rights. Sri Lankan courts prioritize the weddll-being of the child when making these decisions.

Interim Measures: You can ask for temporary orders to maintain the status quo or establish a more balanced visitation schedule while the main legal proceedings are pending. Courts often grant these in situations where immediate action is required to protect the rights of a parent or the welfare of the children.

Evidence to Strengthen Your Case: Keep detailed records of your interactions with your children and your ex-spouse. This could include text messages, emails, and any documented instances where you were denied visitation. Proof of your punctuality in child support payments and an absence of any incidents that would warrant limited access to your children could also strengthen your case.

Involving a Child Psychologist or Social Worker: While it's not a requirement, involving a professional to assess the living conditions and psychological well-being of your children could provide valuable insights that might support your case. It can offer an unbiased perspective that might sway the court in your favor.

Consult a qualified attorney as soon as possible to help you navigate through this complex legal landscape. The sooner you take legal action, the more likely you'll be to preserve your parental rights and the well-being of your children.