Exploring the Child Custody Laws in Sri Lanka: Balancing Parental Rights and Best Interest

Abstract

Modern legislation is heavily influenced by how parent-child relationships are shaped, and its fundamental objective is to act in the child’s best interests while respecting parental rights. The best interests of the child are taken into account as a primary factor when deciding on a custody arrangement. The primary objective of this research is to examine the complex interplay between parental rights and the best interests of children within the legislative framework of Sri Lankan child custody and how to safeguard the well-being of children involved in custody disputes. This research also assesses how child custody laws affect parental rights and children’s welfare and offer suggestions for a fair strategy. To solve the research challenge, this study employs a qualitative research methodology to examine national legislation, judgments made by international courts, and pertinent textbooks. The results imply that parental rights are recognized while the child’s best interests are given priority under Sri Lanka’s custody rules. This research emphasizes the necessity of both concepts coexisting peacefully and suggests adequate standards for determining the best interests of the child in custody disputes. Equal parental rights are observed, and it suggests creating a framework for promoting stable households. In conclusion, this study contributes to establishing healthy parent-child connections and defending the welfare of children involved in custody disputes by providing useful guidelines and examining pertinent legal frameworks.