Suhada Gamalath v. Kristina Ivasauskaite-Rosario and Prajith Rosario – CA REVISION NO PHC APN 3/2010-2011

In the case between Suhada Gamalath (Secretary to the Ministry of Justice and Law Reforms) and Kristina Ivasauskaite-Rosario with Prajith Rosario, the court addressed the issue of whether the High Court erred in refusing the return of a child under the International Child Abduction Act (Act No. 10 of 2001), which incorporates the Hague Convention on the Civil Aspects of International Child Abduction. It was determined that refusal of return should not be based solely on procedural lapses such as non-compliance with document translation requirements, and that evidence must clearly establish both physical and emotional ‘settlement’ of the child in a new environment as contemplated by the Convention. The holding reaffirmed that procedural requirements under Section 6(3) of the Act are directo