OIDA International Journal of Sustainable Development
Open-access peer-reviewed journal
https://doi.org/10.64211/oidaijsd190412
Legal Analysis of Custody Rights and Their Impact on Gender Equality in Sri Lankan Family Courts
Pasanya Saavindi Diwakara
Independent Socio-Legal Researcher
Corresponding authour: Saavindi24@gmail.com
Volume 19, Issue 04, Pg. 129-140, 2026.
Abstract: The paper examines whether family court practice in Sri Lanka implements the statutory provision on ‘gender-neutral custody’ as a legal norm, or whether ingrained behavioural and evidentiary practices in custody hearings reflect the socially constructed norm of mothers as custodial parents and fathers as economic providers. Using a multilayered methodology involving doctrinal research, comparative analysis of case law, and fieldwork research comprising qualitative interviews, the paper presents a critical analysis of 50 familial custody judgments from family court judiciaries (2015-2022). It draws on qualitative interviews with twelve family court judges, eight family law practitioners, and six probation officers responsible for preparing social welfare reports. This research identifies a significant law–practice gap: in the majority (84%) of the sample verdicts, sole custody was granted to the mothers, with rare instances of joint custody. The reasoning in the judgments often relied on stereotypes of mother-centric care and emphasised fathers’ financial contributions. Social welfare reports, being the main evidence input, predominantly outlined mothers’ day-to-day care in the reports, but appraised fathers predominantly in terms of occupation. Interviewees reported a scarcity of specialist training in family law and gender-sensitive decision-making, with judges frequently defaulting to cultural scripts in ambiguous situations. The paper contends that such procedural and cognitive dynamics entrench gender biases in the face of ostensibly neutral statutes. This paper recommends four intersecting reforms: mandatory gender-inclusive adjudicative training; a presumption of joint custody with limited exceptions; template-based, equal welfare-assessor forms; and public information campaigns aimed at breaking the cultural custom of patriarchal parenting. These policies propose aligning court practice with evidence-based, child-centric standards and more equitable parenting outcomes.
Keywords– Custody; Family law; Gender equality; Parental roles; Sri Lanka
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