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HomeMy WebLinkAbout09-1403UTHAYASHANKER WIMALENDRAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MRINALINI PONNAMBALAM, CIVIL ACTION - LAW Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is UTHAYASHANKER WIMALENDRAN residing at 4181 Elk Court, No. 112, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Mrinalini Ponnambalam residing at 4089 Caissons Court, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks partial custody of the following children: NAME PRESENT ADDRESS AGE Shivaan Wimalendran 4089 Caissons Court 3 Enola, PA 17025 (dob 5/6/05) Tanisha Wimalendran 4089 Caissons Court 2 Enola, PA 17025 (dob 3/7/07) The children were not born out of wedlock. The children are presently in the custody of Defendant who resides at 4089 Caissons Court, Enola, Cumberland County, Pennsylvania 17025. Since birth, the children have resided with the following persons at the following addresses: PERSON ADDRESS DATE Plaintiff & Defendant 4089 Caissons Court Birth - Enola, PA 17025 12/1/09 Plaintiff & Defendant 4089 Caissons Court 12/1/09 - Enola, PA 17025 and 2/23/09 4181 Elk Court, No. 112 Mechanicsburg, PA 17050 Defendant 4089 Caissons court Enola, PA 17025 Present 2x - Present The father of the children, Plaintiff Uthayashanker Wimalendran is currently residing at 4181 Elk Court, No. 112, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married to Defendant. The mother of the children, Defendant Mrinalini Ponnambalam, is currently residing at 4089 Caissons Court, Enola, Cumberland County, Pennsylvania 17025. She is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the subject children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the said children. 7. The best interests and permanent welfare of the subject children will be served b granting Plaintiff joint legal and physical custody of his and Defendant's children the subject here by doing so will allow Plaintiff to continue to build a bond with them, continue to allow children the bennefi e as of knowing their father, and prevent Defendant from making unilateral it 8 teral decisions as to what contact Plaintiff should have with the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. No other person who has know to have or claim or right to custody or visitation of or with the children. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an Order granting him partial physical custody and joint legal custody of the children the subject hereof. DATED: Respect ly Submitted: , /, /A HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made'herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 03 DS dQO9 (vf,,4j, . w UTHAY SHANK-ER WIMALENDRAN N_ Fri 99 UTHAYASHANKER WIMALENDRAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MRINALINI PONNAMBALAM DEFENDANT 2009-1403 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 14, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (rplt4v 4?- to,?O? mz4v?) Ao, i 3d 8 Z .C add 01 8vw 6001 ?, 3Hi Jo MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant UTHAYASHANKER WIMALENDRAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-1403 MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of MRINALINI PONNAMBALAM, Defendant, in the above-captioned matter. Dated: March 12, 2009 Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES By: / vv c -' - MARIA . C G ETTI, ESQUIRE Attorney I.D. o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant C'3 ev v' s ro J3 r? J3 JUN 0 5 2009, UTHAYASHANKER WIMALENDRAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1403 CIVIL ACTION LAW MRINALINI PONNAMBALAM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19'- day of ,T c2009, onsideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, Uthayashanker Wimalendran, and the Mother, Mrinalini Ponnambalam, shall have shared legal custody of Shivaan Wimalendran, born May 6, 2005, and Tanisha Wimalendran, born March 7, 2007. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on alternating weekends from Saturday at 8:00 a.m. until Sunday at 8:00 p.m. and every Wednesday from 5:00 p.m. until 8:00 p.m. The Father's Wednesday periods of custody shall begin on June 3, 2009 at 5:00 p.m., when the Father shall pick up the Children from the Mother's residence. 3. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. For purposes of paying the upfront costs in order to obtain the custody evaluation recommendations, the parties shall each be responsible to pay 50% of the evaluation costs. However, the Court will reserve and address the issue of responsibility for payment of the evaluation either at such time as a determination is made as to the parties' comparative incomes from all sources in support proceedings or at such time as the Court assesses the parties' relative financial status in the course of divorce proceedings. At that time, in accordance with the Court's determination, the parties shall make any necessary adjustments between themselves for reimbursement or additional payment of the costs of the evaluation. 4. Within sixty (60) days of receipt of the written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. 6. Each parent shall have possession of the passport of one of the Children. Within seven (7) days of the date of this Order, the Father shall provide to the Mother one of the Children's passports for safekeeping. The Father shall retain the other Child's passport for safekeeping. Neither parent shall remove either Child or the Children from the United States without the prior written consent of the other parent. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, cc: erschel Lock Esquire - Counsel for Father Maria P. Cognetti, Esquire - Counsel for Mother 06 F Ileg ? f Q?v?r UTHAYASHANKER WIMALENDRAN Plaintiff vs. MRINALINI PONNAMBALAM Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shivaan Wimalendran May 6, 2005 Mother Tanisha Wimalendran March 7, 2007 Mother 2. A custody conciliation conference was held on April 30, 2009, with the following individuals in attendance: the Father, Uthayashanker Wimalendran, with his counsel, Herschel Lock, Esquire, and the Mother, Mrinalini Ponnambalam, with her counsel, Maria P. Cognetti, Esquire. 3. The conciliator agreed at the end of the conference to hold submission of the report and Order pending further discussions by counsel on related issues such as the selection of a custody evaluator, determination of responsibility for costs of the evaluation, arrangements for holding the Children's passports and transportation for exchanges of custody. Counsel subsequently scheduled a telephone conference with the conciliator to resolve disputes involving those issues on June 3, 2009. 4. The conciliator submits an Order in the form as attached. It should be noted that the parties' agreement to equally share the costs of the custody evaluation is based on the understanding that the Court will address the issue of apportioning those costs in later proceedings either related to child support issues or in equitable distribution. It is necessary that the Court review this issue in more depth and make an adjustment to the payment arrangement as the economic situation of the parties is complex and could not be determined at the time of the conciliation conference. The basis for apportioning the costs equally was simply to facilitate immediate initiation of the custody evaluation. Date Dawn S. Sunday, Esquire Custody Conciliator FILED-OFFCE OF THE FPOi-!-! NOTARY 2009 JUN -9 Pn 2: 55 CuM6E."-l-,,Lj,;4fD COUNTY PENNS T t..0(A, 41,4 Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 UTHAYASHANKER WIMALENDRAN, Plaintiff/sRespondent vs. MRINALINI PONNAMBALAM, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1403 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF/RESPONDENT'SRNSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW COMES the Plaintiff/Respondent, Uthayashanker Wimalendran, hereinafter referred to as "Husband", by and through his attorney, Herschel Lock, Esquire, and answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted in part, but by way of further answer, Husband, after reasonable investigation, has no knowledge of the status of Tanisha's application for Sri Lanka citizenship. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. By way of further answer, it is averred that Husband's and Wife's failure to obtain green cards leaves them without recourse to remain in the United States and to obtain the appropriate visas. 18. Admitted. 19. Admitted, but by way of further answer, it is averred that Wife has failed to timely seek to enroll in and complete a residency program in the United States that would allow her to be licensed and to work as a physician in the United States. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted in part and denied in part. By way of further answer, it is reasonably believed and therefore averred that Husband's application for a green card was denied because he traveled outside of the United States with a travel document that, unbeknownst to him, had expired. It is specifically denied that the date of his and his Wife's denial for green cards was September 22, 2009, being instead September 29, 2009. Wife also traveled outside of the United States with an expired travel document. As to all other averments, after reasonable investigation, Husband has insufficient knowledge as to the truth thereof. 25. Denied.. By way of further answer, it is reasonably believed and therefore averred that the United States Citizenship and Immigration Service, upon review of the application, may grant a TN/TD visa for a short period of time after the expiration of the previous visa. 26. Denied as stated. By way of further answer, it is admitted that the United States Citizenship and Immigration Service (USCIS) may initiate removal proceedings against the parties at any time, it is denied that the initiation of said proceedings are imminent or that they would be quickly concluded. It is reasonably believed and therefore averred that USCIS practice and procedure allows parties having visa problems a reasonable amount of time to resolve said problems. 27. Admitted. 28. Denied. By way of further answer, while it is admitted that Husband is the subject of a PFA Order, it is denied that the Order is permanent as there is another hearing scheduled thereon on December 3, 2009. 29. Denied. By way of further answer, it is averred that the Custody Order allows Husband contact with Wife in matters related to the children. 30. Denied. By way of further answer, it is averred that Wife's protestation of fear are exaggerated and a are solely a means of manipulation to advance her desire to relocate with the children to Australia. 31. Admitted. 32. Admitted. 33. Denied. By way of further answer, it is reasonably believed and therefore averred that Husband's employer has begun the application process for a TN/TD visa stamp (as described in Husband's answer at Paragraph 25, above), and that a TN/TD visa will be granted. It is further reasonably believed and therefore averred that, upon the granting of the aforementioned visa, Husband's employer will then apply for an H1B/H4 visa for both Husband and Wife. Husband further avers that an action in divorce has not been filed. 34. Admitted. 35. Admitted. 36. Denied. By way of further answer, it is reasonably believed and therefore averred that Wife either has or can get a Canadian visa which would allow her to enter and remain in Canada. It is further averred that if Wife does not have a valid visa to enter Canada, by appearing at the Canadian Consulate in Washington, DC, upon application she would be granted a Visitor's visa allowing her entry to Canada. 37. Denied. By way of further answer, Husband intends to remain in the United States and apply for United States citizenship. 38. Admitted, but by way of further answer it is averred that neither Husband nor Wife have initiated an action in divorce. 39. Neither admitted nor denied. After reasonable investigation, Husband has insufficient knowledge as to the averments hereof and proof thereof is demanded. 40. Neither admitted nor denied. After reasonable investigation, Husband has insufficient knowledge as to the averments hereof and proof thereof is demanded. 41. Admitted. 42. Denied. By way of further answer, it is averred that it would not be in the children's best interest to relocate to Austrailia since they children have resided in the United States since birth and are United States citizens. Children have in the past and currently attend pre-school and are engaged in a number of activities in their community. Children, if relocated to Australia, would be exposed to a different culture and a different version of English than they now speak. Children would also be denied the influence, companionship, and guidance of their father for extended periods of time, to their detriment. 43. Admitted in part and denied in part. By way of further answer, it is admitted that both parties have family members residing in Australia. It is denied that Wife has no family in the United States. 44. Neither admitted nor denied. After reasonable investigation, Husband has insufficient knowledge regarding the recognition of Wife's medical certification by other countries or her ability to gain employment as a physician in said countries. 45. Denied. By way of further answer, Husband specifically denies that he ever told Wife that he could work in his profession anywhere. 46. Denied. By way of further answer, Husband never agreed to move to a country other than Canada and expressed to Wife his intent to gain United States citizenship. 47. Denied as to the factual averments. By way of further answer, Husband specifically denies that the relocation of Wife and children would substantially improve the quality of their lives. Wife has an investment in real estate in the United States, the same generating a substantial income. The children are and have been enrolled in pre-school in the United States in 2008 and currently. The children are acclimated to the culture and mores in the United States, as well as the version of English spoken here. The children, furthermore, are citizens of the United States. As to the legal averments, no responsive pleading is necessary. 48. Denied. By way of further answer, it is averred that after reasonable investigation Husband has insufficient knowledge of Wife's concerns and the basis for said concerns. Husband denies that he has an intent to abscond with the children to Canada or that he can do so since authorization from Wife is required by the Canadian authorities before Husband would be allowed to take the minor children there. 49. Denied. By way of further answer, it is averred that in accordance with the present Custody Order, Husband has the passport of one of the children while Wife has the passport of the other child. It is further averred that the children would not be admitted to Canada without the written authorization of Wife as stated in Paragraph 48 of this Answer. 50. Denied. By way of further answer, it is averred that Husband had partial custody on October 14, 2009, after which he timely returned the children to Wife. 51. Denied. By way of further answer, it is averred that Husband has possession of the passport of one of the children while Wife has the passport of the other child pursuant to an agreement reached by them at a custody conciliation conference and incorporated into a Custody Order. 52. Admitted in part and denied in part. By way of further answer, it is averred that Wife filed the instant Petition in such a short amount of time following said request for relinquishment of the passports and Canadian citizenship cards/paperwork that a response could not be given. By way of further answer, Husband denies that there are any "exigent circumstances surrounding her immigration status" that requires her immediate relocation to Australia and proof thereof is demanded. 53. Admitted in part and denied in part. By way of further answer, it is admitted that Wife wants to immediately relocate the children to Australia. It is specifically denied that such a relocation is warranted. It is further averred that Wife's Petition is premature as the Parties are still awaiting the results of their family evaluation. 54. Denied. The request for Husband's concurrence was limited to the relinquishment of the passport, aforementioned. The request was not presented as concurrence with Wife's relocating the children to Australia. WHEREFORE, Husband respectfully requests this Honorable Court to deny Wife's Petition or, in the alternative, to treat said Petition as one that has failed to articulate a real and present circumstance that necessitates an immediate hearing under emergency conditions. Respectfully submitted, DATED: October 1 6, 2009 ~ c1I Herschel Lock, Esquire Attorney for Plaintiff/Respondent 3307 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 VERIFICATION I verify that the statements made in this Answer ?re true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. DATED:, .October 1 6, 2 0 0 9 ~~~'\r~" "~ ~~~ .-r,•- ~ ,.,~. t1r Orr '1 ~~~ .. ..^..~1 u~~ Z~~9 Q~T S 9 Fia y~ ~ UTHAYASHANKER WIMALENDRAN, Plaintiff v. MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1403 CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Maria P. Cognetti, Esquire, and Maria P. Cognetti & Associates, on behalf of Defendant, Mrinalini Ponnambalam, in the above- captioned action. MARIA P. COGN'yr~S~',TI ASSOCIATES By ' MariatP. C~gr~etti I.D. No. 27 210 Grandview Avenue, Suite 102 ~,C Camp Hill, PA 17011 Dated: ~ ~ ~~ (/ ( (717) 909-4060 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Debra D. Cantor, Esquire, and McNees Wallace & Nurick LLC, on behalf of Defendant, Mrinalini Ponnambalam, in the above-captioned action. McNEES WALLACE & NURICK LLC Bar _ ra . Ca or I.D. N 78 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) Dated: ~ J/~tf ~~ ~ dcantor mwn.com ~._ Z~~° ~ ~ - ~ ~~~ ~~ ~~ _. i._ ' JAN ~ 5 2010 ~ Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 UTHAYASHANKER WIMALENDRAN, Plaintiff vs. MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1403 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this 2r1 ~, day of ~' u~.: ti -1 , 2010, upon review of the within Motion, it is hereby ORDERED AND DECREED that Plaintiff s Complaint for Custody and Defendant's Petition For Emergency Relief be both heard at the hearing now scheduled for March 17, 2010 at 9:30 a.m.. Distribution: Herschel Lock, Esq. Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 Debra D. Cantor, Esq. Attorney for Defendant P.O. Box 1166 Harrisburg, PA 17108-1166 ~~~.g~~a ~1 ra ® -_ .r r-~ ~' L... ---a _ _ __ ~~ ~'TT ~ 3 .~ i~~ C .. - =- . __ ,~: ~'' G~ ) ~ ~=~ ~ ~ --` UTHAYASHANKER WIMALENDRAN,: Plaintiff v MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09-1403 CIVIL TERM CUSTODY IN RE: RECORD CLOSED ORDER OF COURT AND NOW, this 17th day of March, 2010, upon consideration of Plaintiff's Complaint for Custody and Defendant's Petition for Emergency Relief raising a relocation issue with respect to the parties' children, Shivaan Wimalendran (date of birth, May 6, 2005) and Tanisha Wimalendran (date of birth, March 7, 2007), and following a hearing held on this date, the record is declared closed. Counsel are afforded a period. of 2 days within which to submit memoranda in support of their respective positions, the deadline for submitting such memorandum to the Court being Friday March 19, 2010, at 3:00 p.m. By the Court, ~ c~: ~ ` ~; ~.. o ~y ~ ~ - .n~ ~1 _ 1 _ ~ ~~ ~ T t_, ~ ' ~ _ -~. tt} (((~~~iiiiii777l11 ~ c.rt - -i .s° ./ Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 For Plaintiff ~ra D. Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant mae e t~ m~t~ 3~~4~~~ UTHAYASHANKER WIMALENDRAN,: Plaintiff v MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09-1403 CIVIL TERM CUSTODY IN RE: BRIEF STRICKEN FROM RECORD ORDER OF COURT AND NOW, this 17th day of March, 2010, the brief filed in the above-captioned case written by Tabatha Tanner, Esquire, is stricken from the record. / Herschel Lock, E squire 3107 North Front Street Harrisburg, PA 17110 For Plaintiff ~/ Debra D. Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant :mae t EIS' rn~.c 3~tQ~~d L By the Court, i,C ~ .G~/ J.~ CVesley Ohe'r, rJr. , J. ~, Ki" ~ " ` _~` ~ f { ~~ ~_ ~ w W~ cn .r_- UTHAYASHANKER IN THE COURT OF COMMON PLEAS OF WIMALENDRAN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v• CIVIL ACTION -LAW MRINALINI PONNAMBALAM, Defendant NO. 09-1403 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideration of Plaintiff's Complaint for Custody, and Defendant's Petition for Emergency Relief, raising a relocation issue, with respect to the parties' children, Shivaan Wimalendran (d.o.b. May 6, 2005) and Tanisha Wimalendran (d.o.b. March 7, 2007), and following a hearing held on March 17, 2010, and based upon the court's view as to the best interests of the children under the circumstances, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the mother, and her proposed relocation with the children to Newcastle, Australia, where she appears to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quality of life for Defendant and the children, (b) to be not motivated by a desire to frustrate the visitation rights of Plaintiff or to impede the development of a healthy relationship between the children and Plaintiff, and (c) that feasible arrangements can be made to ensure a continuing, meaningful relationship between the children and Plaintiff notwithstanding the relocation, the relocation is authorized. 3. Temporary or partial physical custody of the children shall be in Plaintiff, the father, at the following times: a. For six two-week periods each year, separated by approximately equal intervals, three of which shall occur near Plaintiffs residence in the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility of Defendant, the mother, and Defendant, the mother, having a right during such periods to exercise physical custody of the children for one 24-hour period of each such week; b. For up to six additional, noncontiguous weeks near Defendant's residence in Australia, at Plaintiffs expense and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shall permit Plaintiff to have contact with the children twice each week, utilizing a Skype or similar visual system, during her periods of physical custody; 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such governmental documents as may be necessary to facilitate the children's relocation; 6. Defendant mother shall furnish to Plaintiff s counsel a copy of the written opinion denying her most recent visa application immediately upon its receipt, for such action as he deems appropriate in this court on behalf of Plaintiff; and 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. ./ Herschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff ~ebra D. Cantor, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant eo-~ ~ ~s rna.~ ~L 3 !4 ~v I/ ~/r} ('1 C w °- ~~ ~~ ~;} ~., r r Q ~ -- ,: ~ : _ ~ U _, _ -, _- ~ 7 - ca BY THE COURT, Hersc el Lock, Esquire 3107 orth Front Street Harrisb urg, PA 17110 (717) 38-6661 Supr e Court ID No. 22691 MRIN, ASHANKER WIMALENDRAN, Plaintiff PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. 09-1403 • ?FJ. r w ?''? CIVIL ACTION - LAW r U1 IN CUSTODY Petition To Modify Order Of Custody . ;? avers Road, NOW, Plaintiff, Uthayashanker Wimalendran, by and through his attorney, Lock, Esquire, files this Petition to Modify Order of Custody, and in support thereof, following: Plaintiff is Uthayashanker Wimaldendran, Father, who currently resides at 4089 Court, Enola, Cumberland County, Pennsylvania 17025. Defendant is Mrinalini Ponnambalam, Mother, who currently resides at 15 Queens bo 3, Sri Lanka. The parties hereto are the parents of the following minor children: r {J ? --4 C:) -~- -1 psi c Shivaan Wimalendran, date of birth: May 6, 2005 Tanisha Wimalendran, date of birth: March 7, 2007 parties On March 19, 2010, this Honorable Court entered an Order of Custody, granting the joint legal custody of the minor children, granting Defendant primary physical custody and granting Plaintiff temporary or partial physical custody. A true and correct copy of this Ord is Marked Exhibit "A," attached hereto, and made part hereof. At a hearing held on March 17, 2010, Defendant testified to the following: a. She is licensed to practice medicine in three countries, to wit: the United Kingdom, Sri Lanka, and Malaysia, although her license in Malaysia may have expired (Transcript of Proceedings, p. 133, 1. 7-11, attached hereto and of z?oa ed 011 U# W's R0. a53.?sI made part hereof as Exhibit `B"); b. She received advance certification from the Australian Medical Counsel so that after one year of supervised work in Australia, she would gain full registration as a medical doctor (Transcript, p. 126,1. 10-14, attached hereto and made part hereof as Exhibit "C"); c. She was offered a General Practitioner job with Country Doctors in Australia paying the equivalent of $175,000 U.S. plus a back-dated pension stipend of $100,000 per year after seven years of employment (Transcript, p. 123,1. 6-19, attached hereto and made part hereof as Exhibit "D"); d. She had not practiced as a physician for five years prior to the date of this hearing (Transcript, p. 132,1. 18-21, attached hereto and made part hereof as Ehhibit "E"); e. At the time of this hearing she needed to attend an interview with the NSW Medical Board in order to receive conditional registration as a physician (Transcript, p. 135, 1. 6-13; p. 136,1. 2-12, attached hereto and made part hereof as Exhibit "17"); f. Once receiving conditional registration, she would have to work under supervision for one year in order to be eligible for full certification as a practicing physician in Australia (Transcript, p. 136,1. 19-25;p. 137,1. 1-11, attached hereto and made part hereof as Exhibit "G"); f. She testified that her move to Australia would be in the best interests of the parties' children because she would be able to work and the children would have a better quality of life (Transcript, p. 150,1. 6-16, attached hereto and made part hereof as Exhibit "H"); g. She testified that she was willing to bring the children to the United States to visit Plaintiff for four weeks (Transcript, p. 154, 1. 4-7, attached hereto and made -2- part hereof as Exhibit "I"); h. She testified that the children would have, in Australia, "a very good quality of life with ...very good schools, very good extracurricular activities" (Transcript, p. 154,1. 13-15, attached hereto and made part hereof as Exhibit "J"); , i. She testified that she would be "able to give them a good quality of life plus save for the future" (Transcript, p. 154,1. 15-16, attached hereto and made part hereof as Exhibit "K"). At the time of the March 17, 2010, hearing, Defendant had been denied a visa to stay in the Lfnited States and was compelled to leave this country on or before March 28, 2010. Defendant left this country with the parties' minor children on or about March 28, 2010. It is reasonably believed and therefore averred that Defendant may now, upon receive a "green card" provided that she live in the United States at least half of the time. Dr. Kasey Shienvold, concluded a custody evaluation of the Plaintiff and Defendant herein. 1 p. Dr. Shenvold testified at the the March 17, 2010, hearing, the relevant testimony being a4 follows: a. A stressor affecting the Plaintiff was Defendant's inability to find employment commensurate with her education in the United States despite her assuring her that she would not have an issue practicing as a physician in the United States (Transcript, p. 19,1. 1-6, attached hereto and made part hereof as Exhibit "L"); b. Plaintiff and Defendant, prior to the hearing, had an inability to communicate effectively and it was important for the children's best interest that they undergo communication counseling (Transcript, p. 31J. 7-18, attached hereto and made -3- part hereof as Exhibit "M"); c. Plaintiff had, at the time of the hearing, "a close and loving relationship with his children, and that his children do enjoy their time with their dad, and so it is important to maintain and nurture that relationship as much as possible" (Transcript, p. 33,1. 21-24, attached hereto and made part hereof as Exhibit "N"); d. In response to a question by the Court ("if she [the Defendant] would be allowed to reenter the country, would be (sic) mother could come and spend an extended period of time here in Pennsylvania?"), Dr. Shenvold answered "Oh, of course. I'm sorry. I didn't know that was an option." (Transcript, pp. 34,1. 25, p. 35,1. 1-4, attached hereto and made part hereof as Exhibit "O"); e. The preference is for all the parties to live near enough to one another that they can have a similar schedule to the one preceding the Order of March 19, 2010 because it is important, given the ages and developmental levels of the children, that they have regular contact with each of their parents if the goal is to maintain and nuture the relationships that they have [with their parents] (Transcript, p. 37, 1. 1-9, attached hereto and made part hereof as Exhibit "P"). 10. Defendant represented to Plaintiff that, on or about February 23, 2011, she was by the Australian Medical Board that her application for registration was denied. (E- mail dajted February 25, 2011 from Mrinalini Ponnambalam to Shane Wimalendran, attached hereto 4nd made part hereof as Exhibit "Q") It is reasonably believed, and therefore averred, that at the time she testified before this Ho?orable Court Defendant had no reasonable basis for her belief that she would gain empl as a medical doctor in Australia. -4- 12. It is reasonable believed, and therefore averred, that after March 28, 2010, Defendant did not pursue her application for employment as a medical doctor in Australia in a timely ?nd expeditious manner. It is reasonably believed, and therefore averred, that Defendant is engaged in full- time enhnlovment in Sri Lanka. 14. It is reasonably believe, and therefore averred that the Defendant no longer has the quality nd quantity of time with the minor children, the subject of this petition, and therefore is no longer the primary care-giver. 15. Defendant refuses to provide transportation to and accommodations in Singapore for Plai tiffs partial physical custody of the children at his scheduled March, 2011, visitation. 6. Plaintiff believes and therefore avers that Defendant is using her primary physical of the children in a manner detrimental to Plaintiff and inconsistent with law. 7. Plaintiff believes and therefore avers that Defendant's reasons for leaving the United States and for the grant of primary custody of the children to her are no longer valid. 2010, EREFORE, Plaintiff prays this Honorable Court to modify the Order of March 19, grant full physical custody of the minor children to Petitioner and to grant Respondent le visitation. Respectfully submitted, Dated: i pril 22, 2011 Herschel Lock, Esquire Attorney for Plaintiff Uthayashanker Wimalendran 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 -5- r "A pi YA SHANKER IN THE COURT OF COMMON PLEAS OF .LLB V Ll ' rrA1J CL'MBERLAND COL!NTY, PENNSYLVANIA AIYj?tjff V. : CIVIL ACT10N - LAW A i INI PO??NAMB-A T _AM_, Dc-endart NO- 09-1403 CIVIL TERM ORDER OF COURT Corn rc!or o, 20 0^ :" child: AND NOW, this 19th day of Nviarch, 2010, upon consideration of PlaintifPS as^t for Custody, and Defendant's Petition for Emergency Relief, raising a ion issue, with respect to the parties' children, Shivaan Wimalerdr&q {d.o.b. May .) and Tanisha Wirnalendran {d.o.b. March 7, 2007), and following a hearing held r...ti ^fi ? h ., 10, and based upon 6e court'_ view as to the best interests of the ender the circumstances, it is ordered and directed as follows: . •.t. e.. ?? L . L I .ieba: cust;,. the shall i?' Shar? Y 01- ?a111.4• V4. C .. .. ? :.T; e pai!.iets- ..__. _ 2_ Primary o!;.7-- e !t_etnrty nfihP children shall be in Defendant; Me Mother, and her Ar.,onogcd relocatim- with the children to N' 'McasUe, Aus,,raiia, where she app-rs to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quaiky of life for Defendant an U-1 the children, (b) to be not motivated by a desire to frustrate the httC s o^ Of of pla=-^•f;ff or to i!*zncde the de?eiopment of a ?% Z i ! J d- bet-we-en sl. 11 - tc Ci!iiur°ii and Pl°`.+tifT avid (1%) thnt - aaauaa ate, ;.easible atTailgeTents car. ve as ude s • ?• [' 3Lie c eon ..tiniu :ilo, meaningful reiations'n..ip between. the children and P,arti?_'or notwithstanding the relocation, the relocation is authorized. 3. T eirrWrai j or partiwl y^.ij'sical custo ly of .-he e>i?ilt?all Shall in Plaintiff, the fat'Cter, at the following ti,mies: -- " a. For six -two-week- periods each, vea,. ar r . sPoar3ted by `i aYroximaiel 'i •,t••• • ?..5, ')Tee L l? y eyua.. Inte : o. which shall occur near Plaintiffs residence in the United States and three of w; ich.. shall occur near !Defendant's residence in Australia, the a_fare for all six such pcziods of the children znd Parties to be the respoxisibiliiy of Deflenda-rit, the mother !be mother, having a right during such periods to exercise !'.; o 0 -74_ t5 O EXHIBIT "A" physical custody of the children for one 24-hour period of each such week; b. For up to six additional, noncontiguous weeks near Defendant's residence in. Australia, at Plaintiff's expensc and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shall permit Plaintiff to have contact with the children mrice each week, utilizing a Skype or similar visual system, during her periods of physical custody; 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such govemmental documents as may be necessary to facilitate the children's relocation; 6. Defendant mother shall furnish to Plaintiff's counsel a copy of the written opinion denying her most recent visa application immediately upon its receipt, for such action as he deems appropriate in this court on behalf of Plaintiff., and. 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. BY THE COURT, r, k Wesley Oler, Jr., J Hersche l Lock. Esq. 31.07 N orth Front Street Harrisb urg, PA 17110 Attome for Plaintiff` Debra D. Cantor, Esq. 100 Pin Street P.O. Box 1166 Harrisb n-g, PA 17108-1166 Attorney for Defendant 0 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A September 2003, 6 months before I got ?arried. Q Okay. Either then or before then were you ver.licensed to practice medicine in any country? Not eing an intern, not being a student, but licensed to ?ractice? A Yes, I have a license to practice. I have a icense to practice in three countries, United Kingdom, I till have Sri Lanka, and Malaysia I had registration at hat time. So I don't have license to practice in Malaysia t the moment. Q Now you knew when you got married that your usband lived and worked in the United States? A Yes. Q Were you aware he was an actuary? A Yes. Q And since you have been married that is what a's done, he's been an actuary? A Yes. Q Of course, you must know he works for !ghrnark Blue Shield, doesn't he? A Yes. Q Okay. Now, I noted the letter that was ptesented? THE COURT: Defendant's Exhibit 4, I believe? EXHIBIT, J " 1 t i he job, and since then I have been in contact with them by 2 t?lephone finding out details, et cetera. 3 THE COURT: And what is the date of that? 4 THE WITNESS: This is the 19th of February, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2010. THE COURT: Any other questions, Ms. Cantor? BAY MS. CANTOR: Q Would you be able to gain admission to practice medicine in Australia? A Yes. I have already got what is called the a vance certification from the Australian Medical Counsel by m UK qualification and my UK jobs, and what that means is t at after one year of supervised work in Australia, I will gain full registration with the Australian Medical Counsel. i Q If you accept this job with Country Doctors, w ere would you reside, likely reside? A I would reside in a place called New Castle, which is an hour and a half drive from Sydney- Q And what type of place is New Castle? A It is the second largest city. It is a multi-cultural city. it's not as congested as a big city like Sydney. It has got a lot of parks, libraries, art g lleries, museums. It has got a lot of wildlife s nctuaries, beaches. It is one of the coastal towns. Q Would you live in an apartment, a town home EXHIBIT "C" 126 ' l 1 Jl 2 3 a 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ly the criminal charges were dropped. THE COURT: Okay. And have you been offered job in Sydney? THE WITNESS: Yes. THE COURT: And.what is that job? THE WITNESS: It's a General Practitioner j b. I had a few job offers, and the one that I liked is a G neral Practitioner job. THE COURT: And what does it pay? THE WITNESS: They offered me about 190,000 A,stralian dollars, which works out to about 175,000 US d llars. THE COURT: How many? THE WITNESS: 175,000 US dollars per year. d then they also give what they call evaluation, and they ve offered me $100,000 per year, and that is like a nsion fund, but that comes into effect only after I work r 7 years. They go back --back date the $100,000 per ar. THE COURT: And who is it who has offered you this j ob? THE WITNESS: It is a practice called Country octors. THE COURT: It's a private practice? THE WITNESS: Yes. VD, EXHIBIT "D+1 123 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 visitor's visa for Canada from Sri Lanka? I A From Sri Lanka, I have applied for visas to skveral countries, and I have gotten the visas to Canada as w 11 in the past. Q Are you able to go to the Sri Lankan embassy o the Canadian Embassy and obtain a visitors visa now? A What I understand is because I am out of status here, I cannot apply for any sort of visa because I d n't have status here in the first place right now. Q Okay. But you can obtain a Canadian vistor's visa in Sri Lanka? A I would imagine so. Q Now, I heard, as you testified about your e ucational background, and I guess they do it differently i the United Kingdom, you have a 5 year university medical c llege combination? A That's right. Q Okay. Now, am I understanding -- am I correct in understanding that you have not practiced as a p ysician for at least 5 years? A Yes, in the last 5 years. Q Where was the last place you worked as a Tsician? A In Malaysia. Q And that was? EXHIBIT "E" 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Now, do you have it there? A Yes. Q Oh, okay. Fine, if you could look at it, please. it says in the second paragraph, third line, that a this present stage -- at this stage you need to attend the interview? A Yes. Q With the NSW Medical Board? A Yes. Q Is the NSW Medical Board the licensing board f Dr physicians? A That's right. Q Okay. And do you have an interview scheduled t ntatively? A The problem is that I need permission to -- i order to apply for this job, I need to know that I will b able to go because this whole procedure would entail them applying on my behalf to the medical board. The doctors will be applying on my behalf, and I will be giving them whatever documentation they require for the application, and there are fees involved and so on, and then I could go -- I wi11 go attend the interview, and then aet registration with the medical board. Q Well, let's look at that second paragraph EXHIBIT "F" 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 again, the fifth line in the middle, the fourth line down. I Irk the middle it does say if you succeed at the interview. I you succeed. So you have to pass the interview process, l? correct? A Yes.. Q And if you do, keep going on, the Medical B and will issue a conditional registration for a 12 month i period, correct? It is conditional? A Yes. If you remember, I explained that I h ve got what is called an advanced visa from the Australian M dical Counsel. That is with regards to my medical edentials. Q But MS. t answer the ques- THE the question was. B MR. LOCK: please let me just -- CANTOR: Your Honor, will you allow her :.ion? COURT: I think she's going beyond what You can bring this out on redirect- Q Now, so you have -- you only get a nditional registration if you pass the interview? A Because of the fact that I -- Q Yes or no? A Yes. Q Okay. Then you work for a year supervised? A Yes. 136 as I:-, -he 11th 11ne in _h ?._ldcle, -}7e TOl _'t h iI :.Own 2 I riddle it does say if you succeed at -he - view. i 3 _?7 you succeed. So you have to pass the 1_,terview Drocess, 4 A=ect? 5 5 7 8 9 10 ii 12 13 14 15 15 17 ig 19 2u 22 23 24 ij A Yes. Q And if you do, keep going on, the Medical B and will issue a conditional registration for a 12 month p riod, correct? it is conditional? A `_r-z. If you remember, I explained that 1. h ve aot what is called an advanced visa from the Australian M d?cal Counsel. That is with regards to my medical c edentials . Q But please let me just -- MS . CANTOR: Your Honor, will you allow her t answer the question? THE COURT: I think she's going beyond what t_e question was. You can bring this out on redirect. B_ MR. LOCK: Q Now, so you have -- you only get a onditlonal registration if you pass the 1= terview? A Because of the fact ha? -- Q 'es or no? T Y°J. Q Okay. Then you work for .- Jear S,_oe v=seG T, Yes. EXHIBIT "G" 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q That is what it says? A Yes. Q After which time you will be eligible for a f 11 certificate from the AMC, correct? A Yes. Q So there are a number of steps, even if you have this job, that you have to go through to do this? A Yes. Q To be able to be a regular full fledged d ctor in Australia, if I can use that term, correct? A Yes. Q Now, you have not worked since you worked in Malaysia, I think the last time in 2003, I think you said? A Yes. Q Is it fair to say that your medical career, reasons, you know, you testified to -- I understand have n very much in hold, and this job is in essence starting r career? A It is not starting my career, it has been on old, and this will restart it. Q For 7 years? A Yes. Q Okay. Now, you testified that you made ultiple applications for -- was that internships or es'dencies in the United States? 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very large interest in the children's activities, yes. Q And you are saying despite what Dr. Shienvold i wrote before separation he didn't show much of an interest? I that what you're saying? A That's what I am saying. Q Is your request to move to relocate to Australia with the children made so you can practice m dicine or is it made for the best interests of the children? A It is in the best interests of the children, a d one of that is the advantage of me being able to support US. Q Wait a second. What is the best interests of tie children about the move? A Well, I would be able to work. They'll be able to have a better quality of life. They have extended f ily. When they were there in November of 2008 they had a really good time with all of the relatives. My husband's cousins came and visited. They came for the wedding. Q You and your husband own your home in this trv? A Yes. Q Do each of you have your own car? A Yes. Q You paid for the car yourself, cash, didn't EXHIBIT "H" 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 children, that move, versus seeing dad, being able to see I dkd personally on a regular basis? i A They will always talk to him and I will -- w enever my vacation time comes, I'm willing to bring them over here for four weeks, and for them to visit with him. He's got time either he can take when we're here or we can come over there. I mean he can see them. Q Okay. The question is, other than the fact that you try to let him see the children, is there any - if y u can't come up with anything that counterbalances in your o inion them seeing their dad on a regular basis, that is e. A They will have a very good quality of life th, you know, very good schools, very good extracurricular tivities. I will be able to give them a good quality of fe plus save for the future, and they'll have all of their tended family interactions as well. Q Do you live in the same neighborhood now? A Yes, we do. Q Is your mortgage paid up to date? A I hope so. Q Are you in the Cumberland Valley School istrict? A Yes. Q Okay. They have a good quality of life here, EXHIBIT "I", "J", "K" 154 1 Another stressor to him was mom's inability 2 tj find employment commensurate with her education in the 3 Un ited States. He claimed that during the initial I guess 4 c urtship or early stages prior to their marriage that she 5 as sured him that she would not have an issue practicing as a 6 p ysician in the United States. 7 Q In relation to his criticisms of Mrin as a 8 pa rent, did he categorize to you that he considered her to 9 b harsh and punitive towards the children? 10 A .Yes, he said she had a tendency to behave 11 t hat way on occasion. I don't believe he indicated that it 12 w is always the case, that she was consistently harsh and 13 p nitive, but that on occasion he felt her behavior was too 14 h arsh for the children. 15 Q And did he also allege that she had placed 16 t e children in dangerous or deadly situations? 17 A Yes. When he was discussing -- and he 19 had. He described her taking the children to places where 20 there was active terror zones in I believe Sri Lanka, but 21 maybe some other countries as well, that when he would 22 express concern about the children's safety that she would 23 not listen. 24 Q And _did you investigate these allegations 23 through the evaluation process? EXHIBIT "L" 19 1 o} viously the situations have changed, but at the time in 2 ad dition to my recommendation for custody, I recommended 3 t' at Shane be in working with a therapist to address some of 4 hi s -- some of the concerns about his anger and his 5 em otional expression that were determined during the 6 e aluation. 7 And then I felt it was very important for 8 Sh ane and Mrin -- because there is a lack of communication 9 o an inability to communicate effectively -- that they 10 b egin working with -- doing some communication counseling, 11 w orking with a co-parent counselor, because if they don't 12 l earn more effective ways of talking with one another and 13 d ealing with one another, it only serves to hurt the 14 c hildren. You know, research and literature certainly 15 s upports that. Children who are exposed to a high level of 16 c onflict and exposed to interparental conflict, more 17 s ecifically, are more at risk to develop emotional and 18 b ehavioral problems. 19 Q Now, you mentioned that things have changed 20 s'nce the issuance of your first report. You were contacted 21 b counsel because, as you indicated, the immigration issues 22 b came more urgent recently; is that correct? 23 A Correct. 24 Q And what is your understanding of the current 25 status? EXHIBIT "M" 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f-Iequent contact with their father. Obviously that is the ideal. However, you know, it depends on the situation, the ability of the parties to relocate, where and w en, and the I guess financial means for visitation. Given -- you know, given the age of the children they certainly can't travel unaccompanied by an adult. So it would require.a substantial financial outlet for the two of them to travel back and forth. If,. you know, frequent visits aren't -- r gular visits aren't possible, I recommended frequent c ntact through phone calls, you know, visits whenever possible. You know, there are plenty of families that I w rk with that use videoconferencing such as Skype, I believe it is called, to make sure that Shane is still a p esence in the children's lives as much as possible because o viously my recommendation for Mrin is not indicative of the -- trivializing the importance of dad's relationship with the children and the importance of that. I certainly think that it was demonstrated through this evaluation that dad also has a close and loving r lationship with his children, and that his children do enjoy their time with their dad, and so it is important to maintain and nurture that relationship as much as possible. THE COURT: If the mother does leave the EXHIBIT "N" 33 1 country with the children as primary custodian, what would 2 you recommend for the summer? i 3 THE WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non-school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non-school months. g You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which -- in which mom took one 12 o the children to Sri Lanka with her or traveled with her 13 and left the other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 n t sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended 18 s. er visit away from their mother. 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's 22 there as long as they can still have contact with their mom. 23 3Y MS. CANTOR: 24 Q Just as a follow-up to that, another 25 Alternative, if she would be allowed to reenter the country, EXHIBI74 "O" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 would be mother could come and spend an extended period of time here in Pennsylvania? A Oh, of course. I'm sorry. I didn't know hat was an option. Q Well, it is not right now but... A Okay. Yes, but that is certainly the case, and then as I said earlier, once the children, you know, are few years older, you know, five and seven, that range, they can certainly tolerate the extended visits with the dad at that point, if they do, in fact, live in distant parts of he world from one another. Q Now, in your recommendations -- in both of our recommendations you focus a lot on Mrin's role as the primary physical custodian of these children. Can you talk a little bit more about the impact -- the development -- the- i pact on their development should they be separated from her for long periods of time? I can only speak in potential obviously. Q Sure. A Children's primary attachments and primary caretakers are the most critical people in their lives, c rtainly in the early years, and even through many of the rmative years of schooling, and at this age they-don't +e the maturity or emotional readiness to really tolerate 35 1 Obviously the preference for all of this is 2 fo$ the parties to live near enough to one another that they 3 ca# have a similar schedule to the one that they have now 4 or at least near enough to one another that they could have 5 a :=-Parable schedule to the one they have now because it. is 6 im ortant, given the ages and developmental levels of the 7 children, that they have. regular contact with each of their 8 parents if the goal is to maintain and nurture the 9 relationships that they have, and there is nothing in my 10 evaluation that makes me believe or gives me the opinion 11 that dad should not.be a regular part of their lives. So it 12 i just -- it is a very unfortunate situation that we are 13 faced with. 14 MS. CANTOR: I think that's all I have. 15 THE COURT: Okay. Let's take about a five 16 minute recess, and then we will resume. 17 (A recess was taken at 10:46 a.m., and court 18 resumed at 11:00 a.m. ) 19 AFTER RECESS 20 THE COURT: Mr. Lock. 21 MR. LOCK: Thank you. 22 CROSS EXAMINATION 23 B MR. LOCK: 24 Q Dr. Shienvold, I am going to address first 25 D fendant's Exhibit 2. That is your March 15th addendum to EXHIBIT "P" 37 From: l rin. ? z Sent: F ida,,, r r 25, 201.: l ?:`;;' E?P?1 - To: Wirn kr hane '? "nialeridran; Uthay- shanker 'Nimalendran Subject R._ : Did (r When you a d I j: spoken on cyl-->e a few times regarding the children and our situation, it h ' :dull ? y:; been a ca ? of you saying you fine it hard to believe something, c), tha: ''s rot ac:ceptal le, or something equally non-conducive. But thereafter you writE eriails indicating that you are willing to talk and that I am not forthcom ng. I eArn r)ct sure what tc make of these. I will tell You r1l, sits vAlon at the m:?ment. I was informed by the Australian Medical Board two days, agi tf at my application for that particular area of need GP job cannot be approved f;ecaU: e it is not sufficiently supervised and my not having "recency of practice" s the, prof:lem. They indicated that I can apply for a hospital job, which have already <;,tarted doing. There have been many changes to the Board that took place in my %'010 ,vhi,:;h included the Recency of Practice registration standard. At the sa a tirne I lave looked into jobs in the United Kingdom and Singapore. The consensus in ;,Elll of these places seams to be that I start some job so that I will have current m dic : l practice on my CV,. I am therefore also looking into a job here in Colombo to fi: cillitatc:, the processes. However this is only a means to an end. I have absolute) no intention of staying here and will relocate as soon as I get a job. With rega very expe three of u: weeks. Al: Sri Lanka and reaso you in Col Montessori I agree tK sake of th need your Thanks. Js to your visitation with the children at the end of March 2011, it will be isivi_1 for me t:o have to organize for you to travel from the US and for the to travel frorn Colombo t:) Singapore, including accommodation for 2 o, once I start working, that would be an added difficulty. The situation in s fine. There are no travel warnings anymore. There are very comfortable iablyr priced accommodation for the two week duration for the children and >mho. If you want to you can see Shivaan's school and Tanisha's t it would be good if you and I could communicate more effectively for the se :;hildren. II am willing to genuinely make an effort to do this, but I do equal support on this issue. EXHIBIT "Q" VERIFICATION verify that the statements made in the foregoing are true an correct to the best of my and belief. I understand that false statements made herein are subject to the penalties of 18 POX.S. § 4904 relating to unsworn falsification to authorities. Date: pril 22, 2011 g"4kI - 6j Uthayashanker Wimalendran UTHAY ASHANKER WIMALENDRAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1403 CIVIL ACTION LAW' c '"' ? Y" ao rn --n MRINALINI PONNAMBALAM Xx ::a ' IN CUSTODY rV :: DEFENDANT a-< co .; C -t? :Z-nn CD-n ORDER OF COURT " r --x -- cZ AND NOW, Thursday, April 28, 2011 upon consideration of the attached C omplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 01, 2011 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.1, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. yq Cumberland County Bar Association 10?ago ? 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?y S U yu??a y Cq _7tb 0 `o p F ,Lrrq-rF E1CF_ 0 TAP -o! 1 ! t1'. e II'A !-2 !}hid:CO CI. BERLAND COUNTY PEN"ISYLVANIA McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor -mwn.com Attorneys for Defendant UTHAYASHANKER WIMALENDRAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-1403 MRINALINI PONNAMBALAM, CIVIL ACTION -LAW Defendant CUSTODY DEFENDANT'S ANSWER TO PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes Defendant, Mrinalini Ponnambalam, by and through her counsel, McNees Wallace & Nurick LLC, and files this Answer to Petition to Modify Order of Custody, and in support thereof, avers the following: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, the Order speaks for itself. 5. a. Admitted. By way of further answer, the transcript speaks for itself. b. Admitted. By way of further answer, the transcript speaks for itself. C. Admitted. d. Admitted. e. Admitted. By way of further answer, Defendant had to pass the interview process in order to receive the conditional registration. (Transcript, p. 136, lines 1-8.) f. Admitted. By way of further answer, Defendant confirmed that there were a number of steps to go through prior to becoming employed as a physician in Australia. (Transcript, p. 137, lines 5-7.) f (sic). Admitted. By way of further answer, Dr. Shienvold testified as to the best interests of the children and how they were addressed by Defendant serving as primary physical custodian, wherever she resided, and whether she worked or stayed at home. (Transcript, pp. 6-70.) g. Denied as stated. Defendant indicated her willingness to utilize her vacation time to facilitate custody, whether here in the United States or where she resided. (Transcript, p. 154, lines 3-7.) h. Admitted. By way of further answer, the transcript in its entirety speaks for itself. i. Admitted. By way of further answer, the transcript in its entirety speaks for itself. 2 6. Admitted. 7. Admitted. 8. Denied. Defendant has a visitor's visa which grants her admission to the United States for periods of no greater than 6 months. She is not entitled to "live in the United States," but must be a visitor with an intent to reside in another location. 9. Admitted. In such evaluation, Dr. Shienvold strongly recommended that Defendant continue to serve as primary custodian of the children no matter where she lived, and whether she was employed or not. 10. It is admitted that Dr. Shienvold testified at the March 17, 2010 hearing. a. Admitted. By way of further answer, Dr. Shienvold's report is attached hereto as Exhibit "A." b. Admitted. It is admitted that Dr. Shienvold recommended communication counseling. By way of further answer, Dr. Shienvold also recommended that Plaintiff attend individual counseling to address his anger management issues. (Transcript, p. 59, lines 3-18.) He did not recommend counseling for Defendant. C. Admitted. d. Admitted. By way of further answer, Dr. Shienvold confirmed that his position was that the children reside primarily with Defendant and that contact with Plaintiff be maintained via any means possible. These means included visits of no 3 greater than one week without contact with Defendant, contact by telephone, internet, or Skype. (Transcript, p. 69.) Dr. Shienvold further opined that if one parent was forced to leave the United States it would be better for the other parent to follow his children and be with them. (Transcript, p. 68, lines 22-25, p. 69, lines 1-8.) e. Denied as stated. Dr. Shienvold was asked to describe the worst possible custodial situation and the most optimal. Dr. Shienvold did so, including a suggestion that Plaintiff follow his children. (Transcript, p. 68, lines 22-25; p. 69, lines 1-8.) 10 (sic). Admitted. 11. Denied. Defendant stands by her testimony and followed all steps necessary to gain employment as a medical doctor in Australia, including completing her interview with the Australian Medical Board and pursuing various applications. In addition, Defendant has hired a head hunter and has received a second offer for employment, which is currently under review. The Australian Medical Board underwent significant changes beginning in July 2010 during which time Defendant's file was lost, necessitating Defendant to re-submit her application for admission and interview with the Australian Medical Board. At no time has Defendant ceased her efforts for admission to Australia as a medical doctor. By way of further answer, Dr. Shienvold's recommendation was not based on Defendant's immigration status, but on the best interest of the children. The recommendation was not based on her specific location or her work status. Had Defendant been able to stay in the United States, Dr. Shienvold's recommendation was for her to serve as primary custodian. 4 12. Denied, and strict proof thereof is demanded at trial. Plaintiff has no basis for this statement. 13. Denied. Defendant is engaged in employment in Sri Lanka as a physician. Obtaining current employment as a physician was deemed important by head hunters seeking employment for Defendant in Australia. One flaw repeatedly demonstrated in Defendant's application was her lack of recent employment. Therefore, Defendant obtained employment as a physician in Sri Lanka. By way of further answer, given that Plaintiff provides no support for his children, Defendant needs to work to care and provide for the needs of the children. 14. Denied. The Petition for Relocation, as well as Dr. Shienvold's report, contemplated Defendant's relocation for the purpose of becoming employed. Dr. Shienvold was specifically asked about Defendant's future employment. (Transcript, p. 67, lines 12-15.) "Q: Does the change of her status from a stay-at-home Mom to a working mom change your recommendation? A: No." (Transcript, p. 67, lines 19-22.) The fact that Defendant is employed in no way removes her status as a primary caregiver. In fact, Plaintiff continues to work during his custodial periods in Pennsylvania, allowing others to care for his children. 15. Denied. Prior to March 2011, Defendant provided transportation to Singapore for Plaintiffs custodial visits per the Order. In March 2011, Defendant provided transportation to Sri Lanka for Plaintiffs custodial period with the children. During that visit, Defendant offered to pay for a car, or provide same, for Plaintiff for travel with the children. Travel to Sri Lanka instead of Singapore was necessary 5 because of Defendant's employment and her inability to vacation to Singapore for 2 weeks with the children. The underlying order contemplated that the parties would travel to their respective locations every other time to allow regular contact between Plaintiff and the children, and to permit employment of both parties. 16. Denied. Defendant complies with the Order of Court, dated March 2011, by providing regular physical contact, as outlined in the Order. Plaintiff speaks to the children on twice a day, and for extended periods of time via Skype. Further, Plaintiff provides updates via internet, as well as telephone conversations regarding the children. If the children are out at extracurricular activities, they call Plaintiff at work to wish him good night. 17. Denied. Plaintiff and Defendant are getting divorced. Plaintiff fails to pay any financial support for his children. Defendant is unable to work as a physician in the United States and has a visitor's visa for temporary access to the United States to facilitate visitation with Plaintiff. Defendant is employed as a physician in Sri Lanka and is continuing the application process to Australia. Defendant intends to relocate to Australia upon approval. Defendant has always been, and continues to be, the 6 children's primary caregiver. Defendant fosters the relationship between Plaintiff and his children. Nothing has changed since the Order was entered and, as such, this Petition should be dismissed. Respectfully submitted, McNEES WALLACE & NURICK LLC By D D. a or I.D. No. 8 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor(c-mwn.com Attorneys for Defendant, Mrinalini Ponnambalam Dated: June 1, 2011 7 ???3?? Riegler • Shienvold & Associates Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW CUSTODY EVALUATION MRINALINI PONNAMBALAM V. UTHAYASHANKER WIMALENDRAN NO. 09-1403 Referred By: Court Order dated June 9, 2009 by the Honorable J. Wesley Oler, Jr. Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangement for Shivaan Wimalendran (DOB 05/06/05) and Tanisha Wimalendran (03/07/07). Individual Interviews: Uthay Shanker Wimalendran "Shane" 07/27/09, 08/03/09, 08/12/09, 08/24/09 Mrinalini Ponnambalam "Mrin" 07/13/09, 07/22/09, 08/05/09, 08/18/09 Shivaan Wimalendran 10/26/09 Dr. Pauline Wallin 12/21/09 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) Shane Wimalendran Mrin Ponnambalam State-Trait Anger Expression Inventory-2 (STAXI-2) Shane Wimalendran Mrin Ponnambalam Parenting Stress Index (PSI) Shane Wimalendran Mrin Ponnambalam 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 www.rieglershienvold.com Wimalendran v. Pnnomabalam Page 2 of 13 Child Abuse Potential Inventory Shane Wimalendran Mrin Ponnambalam Home Visits: Each parent's residence was evaluated for safety concerns and each parent was observed interacting with Shivaan and Tanisha in the home setting Additional Information: 1. Copy of Court Order dated March 9, 2009 2. Medical records for both Shivaan and Tanisha from Tan & Garcia. The records do not indicate any serious medical conditions for either child. Tanisha struggles with food allergies and eczema. 3. A hard-back binder provided by Shane. Shane included a Power Point presentation evaluating his marriage with Mrin along the seven steps of a Hindu marriage. Throughout the presentation, Shane outlined his beliefs on how Mrin violated his trust by breaking the decrees of their marriage. He alleged inappropriate parenting by Mrin and complained about Mrin's rigid and uncompromising style as well as the over-involvement and condescending interactions of her family. Also included in the binder were copies of emails between the parties, and copies of articles and newspaper clippings regarding Mrin's family and personal contacts. 4. A list of relatives for both Shane and Mrin that currently live in or near Sydney, Australia. 5. Medical records from Wood and Myers as well as Holy Spirit Hospital regarding Mrin's dental/oral injuries after an altercation with Shane in October 2008. According to records, Shane punched Mrin in the mouth during an argument that took place in the car following a marriage counseling session. In her crisis interview, Mrin stated that Shane had assaulted her before and that it happens typically three or four times per year. According to records, the East Pennsboro Police were notified but Mrin refused to press charges at that time. The notes also indicate that Shane admitted to having a problem with his anger and anger outbursts and he was encouraged to seek a psychiatric evaluation. 6. An incident report from the Pennsylvania State Police dated 10/28/08. According to the police complaint, Shane was charged with misdemeanor assault for the incident. Again, Shane admitted that he had a problem with anger and needed help. Wimalendran v. Pnnomabalam Page 3 of 13 7. Photographs of Mrin following the altercation with Shane. The photographs show a swollen lower left lip and damage to a tooth on her upper left side. 8. Copies of documents related to a Protection From Abuse Order filed on behalf of Mrin against Shane. The PFA is to remain in effect until June 8, 2012. The only contact allowed under the Order is communication as it pertains to the Shivaan and Tanisha. 9. Copies of documents from court cases involving Mrin regarding financial or real estate holdings. The cases appear also to involve other members of her family. 10. A monthly credit/debit statement regarding the family's income and debts. The statement included fixed and revolving expenses. The income included Mrin's alleged income from rental properties in addition to Shane's salary as an actuary. 11. Documents related to Mrin's search for an internship or medical job in the United States. She apparently applied to 48 pages worth of hospitals and post-doctoral programs. They appear to be all over the United States. These records come from the Electronic Residency Application Service. Receipts and records indicate that she began applying for positions in 2007. 12. A Parent Reference Form completed by Khamrat Shewnarain. Mr. Shewnarain is a friend of Shane's. He described Shane's home as clean and noted that he keeps a large number of toys for the children. He added that Shane appears to enjoy playing with the children and taking care of them. Mr. Shewnarain described Shane as a loving father to whom the children respond well. He stated that Shane was the more consistent and stable parent. However, he indicated that he had never met Mrin. 13. A Parent Reference Form completed by Suneetha Vaddineni. Dr. Vaddineni is a friend of Mrin's. She claimed that Win does an excellent job parenting the children and that the children respond very well to their mother. Dr. Vaddineni noted that she has been to the house numerous times and was impressed with the environment Mrin provides for the children. She stated that Mrin always appears to have the children's well-being as a priority. She admitted that she has limited knowledge of Shane to comment on his parenting. 14. A Parent Reference Form completed by Bhaktavat Yadlapalli. Ms. Yadlapalli is a friend and neighbor of Mrin's. She described Mrin as patient and child-centered. She added that Mrin frequently involves the children in healthy activities and focuses on their healthy development. Ms. Yadlapalli reported that Mrin is very affectionate with the children and teaches the children good values. She claimed that Mrin is doing an excellent job meeting the needs of the children. It appears as if Ms. Yadlapalli does not have significant knowledge about Shane. Wimalendran v. Pnnomabalam Page 4 of 13 15. A Parent Reference Form completed by William Smith. Mr. Smith reported that he is a friend to both parties. He reported that the children appear to be cared for well by both parents. He added that it is most important for the children to have the time and attention of both parents. 16. A Parent Reference Form completed by Kathleen Martin. Ms. Martin stated that she has a friendship with Mrin. She reported that she has seen Mrin interact with the children regularly for the past four years. She claimed that the children are well-mannered and well-behaved for their ages. She added that Mrin is actively involved with her children and prioritizes their needs at all times. Ms. Martin described her as loving and affectionate and noted that the children respond very well to her. She expressed a belief that Mrin is currently providing a wonderful environment that meets the children's needs. Ms. Martin was not critical of Shane and added that he spends quality time with his children during his times. She stated that she does not interact with him regularly. The recommendations at the conclusion of this report are based on all of these sources of information. They are offered within a reasonable degree psychological certainty. Background and Current Concerns: Shane and Mrin currently share legal custody of their two children, Shivaan and Tanisha. Mrin currently maintains primary physical custody of the children and Shane has periods of partial custody on Wednesday evenings for three hours and on alternating weekends from Saturday morning until Sunday evening. The parties have utilized that schedule since June 2009. The parties reportedly separated in December 2008 at which time Mrin assumed primary physical custody. However, it was indicated that Shane continued to come to the family home after work to spend time with the family prior to returning to his apartment to sleep. Mrin claimed that his visits were uninvited. Shane disagreed. Shane reportedly petitioned the Court to increase his periods of partial custody. Shane stated that he wanted a shared custodial relationship both legally and physically. Mrin indicated that she is content with the current arrangement. During the course of the evaluation, it was learned that each parent was denied the opportunity to continue their citizenship process and will be forced to leave the country at some point. According to the parties, Shane has citizenship in Canada and Mrin has citizenship in Sri Lanka. The children are citizens of Canada, Sri Lanka, and, likely, the United States. This evaluator is not familiar with immigration law and cannot make recommendations about the parents' immigration decisions. Wimalendran v. Pnnomabalam Page 5 of 13 Shane began the evaluation by describing Mrin as a good mother and claimed that he had no concerns about the children's well-being in her care. However, throughout his interviews he presented many criticisms and concerns about Mrin's parenting. His Power Point presentation included allegations of placing the children in dangerous, or even deadly, situations and described her as harsh and punitive with the children. Shane claimed that she frequently used inappropriate language and disparaged him in front of the children. Shane provided materials that systematically addressed what he believed to be violations of a Hindu marriage by Mrin. Included in his allegations were deceitfulness, anger and stubbornness, poor decision-making or judgment problems, and a tendency to be self-centered. Shane expressed significant frustration with Mrin's family involvement. Specifically, he indicated that Mrin is heavily influenced by her mother and that her mother caused great tension and strain on their marriage. Shane claimed that much of the family's vacation time was spent visiting Mrin's family and that his family was not given equal consideration throughout their marriage. He added that Mrin's family was heavily involved in monetary and legal proceedings around the world, which took up a great deal of Mrin's time and energy. Shane alleged that Mrin used her family's money as a means of demeaning his profession and income. Both parties reported that a significant stressor on the marriage was Mrin's inability to gain professional licensure as a physician in the United States. Shane claimed that Mrin lied to him early in their courtship and told him that she would have no problem getting work as a doctor in the USA. He further alleged that Mrin failed to pursue her profession adequately once they moved to the United States as a married couple. He indicated that her poor performance in medical school and on exams made it difficult for her to get a residency in the United States. Mrin denied ever placing the children in dangerous or deadly situations. She stated that she travelled internationally with the children multiple times over the years but denied that the children were ever in harm's way. She denied being harsh or punitive with the children. She further denied cursing or instigating fights in front of the children. Her parent reference forms, home visit, and in-office observation, did not raise any concerns about her direct behavior with the children. Mrin was appropriate and consistent during her observations and her references described her as patient and affectionate, noting that the children responded very well to her. Mrin's testing did not demonstrate any significant emotional or behavioral problems that would support Shane's claims of volatility, anger, and harsh physical discipline. Mrin admitted that she has a close relationship with her mother and relies on her for guidance on difficult decisions. However, she denied allowing her family's input to hurt or damage her relationship with Shane. She further acknowledged that she has had to travel internationally at times to address family business matters as well as to visit family members, but she denied allowing that to affect her parenting of the children. Mrin denied attempting to limit Shane's family's time or access to the children. Wimalendran v. Pnnomabalam Page 6 of 13 Mrin admitted that she had a difficult time completing her residency in the United States. However, she denied deceiving Shane about the difficulty of finding work. She produced records indicating that she attempted to gain access to residencies as far back as 2007. She further alleged that Shane was unwilling to allow her to work under a visa that would require her to provide medical care to an underserved population following her residency. Shane denied preventing her from engaging in residencies as Mrin alleged. Mrin raised several concerns that she believed impacted Shane's ability to have increased time with the children. She claimed that Shane has a significant anger problem and an inability to control his expressions of anger. She alleged that Shane was physically abusive towards her multiple times during the marriage. She claimed that he has punched her in the face, grabbed her, kicked her, and thrown her down on several different occasions. She reported that his last violent attack in October 2008 resulted in criminal charges and a PFA. Mrin produced documentation of the attack in which Shane acknowledged that he has a significant anger problem. She also stated that Shane has been harsh in his handling of Shivaan. Mrin reported that she has always been the primary caretaker for the children. She claimed that Shane was not involved with the children regularly during the marriage. She noted that she stayed home with the children while he worked full-time. Mrin stated that Shane complained of being too tired after work and he chose to use the computer and have the children watch television. Mrin expressed concern about Shane's lack of knowledge about the children. She reported that Tanisha has significant allergies that require consideration and attention. She did not believe that Shane was aware of Tanisha's unique needs. Shane acknowledged that he had a "shameful, angry reaction" following a marriage counseling session with Mrin. He also admitted to other incidences in which he has pushed or grabbed Mrin during the marriage. However, he denied having a difficult time with anger and he felt his reactions were provoked by Mrin. Shane denied ever using harsh physical discipline on the children. He admitted that he has given Shivaan a "quick swat" on his backside when he acts out, but he denied any other physical discipline. According to records, Shane has admitted in the past to having significant problems with his anger. Dr. Pauline Wallin reported that she felt Shane had a difficult time handling his anger and he was likely unaware, or lacked insight, into his negative feelings. Furthermore, Shane's psychological testing revealed that he likely struggles with chronic feelings of anger and hostility. Men with Shane's psychological profile typically have intense anger and are unable to appropriately express that anger. Research demonstrates that these individuals may have long periods of socially appropriate behavior but then they have a volatile eruption. These findings support Mrin's concerns about his anger control and domestic violence. Wimalendran v. Pnnomabalam Page 7 of 13 Shane acknowledged that Mrin has always been the primary caretaker for the children. He reported that he was employed while Mrin stayed home with the children. He claimed that the family plan was for both parents to work but that changed when Mrin had a difficult time getting into the medical field. However, Shane denied being uninvolved with the children. He stated that he was active with the children as much as possible. Shane expressed an awareness of Tanisha's eczema but was unable to list her food allergies. Shivaan Wimalendran Shivaan is the four year old son of Mrin and Shane. He is described by his parents as highly energetic and loving. They noted that he is happy and outgoing. Mrin added that Shivaan is caring, sensitive and intelligent. Shane noted that Shivaan is friendly with other children and adults. Shane indicated that Shivaan can have a temper and Mrin reported that Shivaan has gotten in trouble at preschool for hitting other children. Mrin claimed that Shivaan's aggressive behaviors have diminished since the parties separated. Each parent denied the use of corporal punishment but accused the other parent of it. Both parents reported that Shivaan does well in preschool. He is not in any daycare setting because Mrin is home with the children full time. She reported that he does fairly well socially and that she has him playing with other children in the neighborhood on a daily basis. They claimed that he enjoys reading, riding his bike, television and movies. Both parents noted that he is currently into cars and dinosaurs. Shivaan reportedly sleeps with his parents at their respective houses. They noted that he used to sleep between them when they were still living together. Shane indicated that he also sleeps on a blow-up mattress in his living room during his periods of physical custody. Both parents acknowledged that need to transition Shivaan into his own bed consistently. Mrin and Shane reported appropriate bedtimes and routines for both children. Shivaan is reportedly a healthy young boy and eats an appropriate diet. Mrin indicated that he is not picky and enjoys eating vegetables but resists eating fruit. Shane stated that Shivaan eats well but has to get better at eating his vegetables. There is some discrepancy in their accounts. Shivaan reportedly takes children's vitamins as well. Each parent reported mild resistance at times of transitions but stated that Shivaan easily goes to the other parent when encouraged. Mrin noted that Shivaan has mild discipline problems when returning from Shane's home, claiming that he is often disrespectful for a period of approximately 24 hours. Wimalendran v. Pnnomabalam Page 8 of 13 Each parent's home was evaluated for the purposes of this evaluation. Considering the current situation regarding their citizenship, this evaluation will focus on their interactions as opposed to the home itself. The children appeared comfortable and engaged with their parents. During the visits, Mrin and Shane both demonstrated adequate capabilities in interacting and communicating with their children. Mrin showed a more keen ability to maintain structure and direction to the activities whereas Shane was much more focused on just laughing and having a good time with the children. The children acted appropriately with each of their parents. Shivaan was interviewed on one occasion for the purposes of this evaluation. He presented as quiet and shy throughout the interview and had a difficult time providing responses to open-ended questions. This did not appear to be an intellectual issue but a comfort issue. Shivaan demonstrated a strong relationship with each of his parents. He spoke lovingly about them and denied ever being scared or hurt by their behaviors. He denied being the victim of corporal punishment and denied witnessing his parents fight. Shivaan reported that he sleeps in bed with each of his parents and that his sister sleeps in her crib. Tanisha Wimakndran Tanisha is the 2 year, 11 month old daughter of Shane and Mrin. She is described as happy, bright, and driven. Mrin stated that she is full of attitude and very intuitive. She added that Tanisha reached her developmental milestones quickly and she follows directions very well. Shane spoke lovingly about Tanisha as well, but he noted that she is stubborn and has a difficult time when not given her way. Congruent discipline techniques were mentioned with regards to Tanisha's behaviors. Shane and Mrin each stated that Tanisha does well socially and she interacts with children in the neighborhood regularly. They denied the presence of violent or aggressive behaviors with other children but they acknowledged that she does get mad at her brother on occasion. They both indicated that Tanisha transitions well from one parent's house to the other. Tanisha reportedly suffers from eczema a several allergies. Mrin noted that she is allergic to tree nuts, cow's milk, and dog fur. Shane expressed a general awareness of the allergies but described it as nuts and dairy. The parties denied any other medical concerns for Tanisha. Tanisha is reported to be a good sleeper and she is able to sleep through the night in her own crib. The parents differed on their description of Tanisha's eating habits as well. Shane stated that Tanisha eats five or six small meals daily, while Win reported that Tanisha eats very large portions for a petite girl. Both parents acknowledged that she is not picky and enjoys fruits and vegetables. Wimalendran v. Pnnomabalam Page 9 of 13 Shane Wimalendran Shane was on-time and appropriately groomed for his scheduled appointments. He presented as anxious and concerned about the evaluation. Shane initially reported a belief that Mrin was a good and caring mother but changed his answers as the evaluation progressed. He provided a slide-show presentation of concerns he had regarding what he found to be poor parenting decisions. Shane also presented as defensive and unwilling to take a critical look at his violent behaviors during the relationship. Instead, he chose to focus on ways in which Mrin would provoke him. There was no evidence of bizarre cognitions or unusual behaviors. His conversation style and use of the English language was coherent and easy to follow. Shane's psychological testing was suggestive of an individual with chronic feelings of anger and hostility. Men with Shane's psychological profile typically have intense anger and are unable to appropriately express that anger. Research demonstrates that these individuals may have long periods of socially appropriate behavior but then they have a volatile eruption. These findings support Mrin's concerns about his anger control and domestic violence. While there is no evidence in the interviews or the history to corroborate Mrin's claims of harsh physical punishment with Shivaan, Shane's testing suggests that he may be prone to physical expressions of frustration when the children are testing limits or when he is over-stressed. Shane denied the regular use of alcohol, but he admitted to smoking cigarettes daily. He reported that he takes medicine for high cholesterol but denied any other medical problems. Shane noted that he attended marriage and individual counseling with Dr. Pauline Wallin and completed the AMEND program as part of his criminal charges in October 2008. He stated that his arrest for simple assault in 2008 was his only involvement with law enforcement. Shane also acknowledged that there is currently a PFA filed by Mrin which is active until 2012. Mrin Ponnambalam Mrin arrived on-time and appropriately groomed for her scheduled appointments. She expressed genuine concern for the well-being of her children and she was adamant in her belief that Shane was abusive towards Shivaan. She consistently criticized Shane's anger problems and appeared to blame them for the destruction of the marriage. Mrin was cooperative with the evaluation process and responded appropriately to questions. There was no evidence of bizarre cognitions or unusual behaviors and her thought processes and conversation style were easy to follow. Wimalendran v. Pnnomabalam Page 10 of 13 Mrin's responses on the psychological testing were mildly defensive and suggest that she tried to present herself in a favorable light. This is not uncommon in custody evaluations. Women with this profile often demonstrate transient feelings of hostility or resentment related to family members. However, there is no evidence to suggest that she is likely to display her anger in aggressive or destructive means. Mrin likely struggles with sensitivity and she does not deal well with criticism. She may overreact at times which can make a strong, communicative relationship difficult. Women with this profile have a more difficult time admitting to their responsibilities for problems and tend to look elsewhere to place the blame. These findings are consistent with Shane's accusations that Mrin blamed him for her problems with finding work and for causing their marital arguments. Mrin denied regular or frequent use of alcohol. She denied ever using drugs. Mrin stated that she has problems with migraine headaches as well as her sinuses, but she denied the regular use of medications. She reported that she attended both individual and marriage counseling with Dr. Wallin. Mrin denied any legal history. Summary and Recommendations: This evaluation began because Shane was requesting a change in the physical custodial schedule such that the parties utilize a shared arrangement. He felt it was important for him to have equal opportunity to parent the children on a regular basis. He also expressed concern about Mrin's behavior with, and in front of, the children that negatively impact their development. Mrin indicated that she was content with the current arrangement and noted that Shane's anger control and violence are a significant concern with regards to the children. She also explained that she has always been the primary custodian of the children and alleged that Shane only began taking a serious interest in the children following their separation. Each of these parents appeared genuine in their desire to have strong, healthy relationships with their children. They each demonstrated an appropriate ability to meet the physical needs of the children and they understood the importance of their academic and social development. However, the high level of inter-parental conflict is not only clouding their judgment, but also having a negative impact on the children. Children are best served when their parents are able to engage in direct, open, and cooperative dialogues about them. This evaluation supports Mrin's claims that she is the better primary custodian for the children. She sufficiently demonstrated that she has always been the primary caretaker for the children and expressed a substantial knowledge of the children's developmental and emotional needs. She has consistently been a part of the children's daily lives and attended all medical appointments. Shane was working outside the home for the entirety of the children's lives and has only had weekly contact with the children since the Wimalendran v. Pnnomabalam Page 11 of 13 parties' separation. Shane has never been the primary custodian of both children for any significant stretch of days. There is evidence to suggest that he has an adequate knowledge of the children's needs and an adequate working relationship with the children. However, the children have a more structured and comfortable routine/relationship with their mother. A significant concern about Shane's ability to meet the needs of the children appropriately during longer stretches of custody is his anger control and expression. There is substantial evidence to suggest that he was violent with Mrin on multiple occasions during the marriage and he has a hard time taking responsibility for his behavior or seeing the inappropriateness of his behavior. While he regrets punching his wife in October 2008, he trivialized an incident in which he grabbed Mrin and twisted her arm during an altercation in Florida. Shane's tendency to minimize his anger issues raises red flags. Firstly, children's most important models for developing appropriate relationship behaviors and problem-solving strategies are their parents or caregivers. They learn how to relate to the world and how to express their feelings by observing and modeling their caregivers. With preschool children, there is significant verbal development which includes the expressions of feelings, needs, and purpose. Therefore, parents or caregivers must be vigilant to set good examples for their children. Shane has not demonstrated an ability to control his expression of angry emotions such that the children will not witness aggression. It is quite possible, and likely, that Shane struggles to be aware of his own emotions, therefore he impulsively reacts in an uncontrolled manner. Shane appears to need significant guidance in his quest to master control over, and awareness of, his angry feelings. Shivaan has already begun to demonstrate some angry, violent behavior. It is likely that his behavior is a manifestation of the parental conflict and a modeling of his parents' behaviors. Secondly, until Shane has made a concerted effort to receive help dealing with his anger and expression, it is unclear how he will respond to his children when they test limits over a longer custodial period. As children progress from their preschool years through adolescence, they typically continually test limits and may try to assert their independence. These challenging times require a great deal of patience and perspective from parents in order to handle it effectively. Shane's tendency to lose his temper and lash out physically is contradictory to the needs of children. Shivaan and Tanisha are at a sensitive age in child development and in their ability to tolerate long separations from their custodial parent. At this age, children often need a ritual surrounding many activities. The structure that rituals provide aid in the establishment of their sense of safety, security, and the predictability of their environment. From a residential standpoint, the literature indicates that preschool children are able to handle longer periods of time away from their primary caretaker. However, it is important to remember that the child needs the primary caretaker to aid in the maintenance of emotional safety and security. Thus, preschool children may spend Wimalendran v. Pnnomabalam Page 12 of 13 two or three days away from their primary caretaker, but daily phone contact should be encouraged. Preschoolers are best served by predictable routines. The similarity between the household routines is critical. The more incongruent the daily routines, the greater the chance that the visits with the non-custodial parent will entail increased anxiety, fear, and frustration. These recommendations are given within a reasonable degree of psychological certainty based on all of the information provided during the interviews, psychological testing, home visits, and the current peer-reviewed research. It is recommended that Mrin maintain primary physical custody of the children. As noted above, Mrin has shown the consistency and ability to best meet the needs of the children. Given the ages and developmental levels of the children, it is important for the parties to relocate in near proximity to one another at least until the time when Tanisha enters grade school. Preschool age children cannot tolerate long gaps in contact with their primary caretaker. Therefore, it is important for Shane to live within a distance in which it is conceivable that the children can visit him for a weekend at a time and have a midweek visit. Once the children have both reached approximately six years of age or older, they should be able to tolerate up to a week or more of time away from Mrin. At that time, it is conceivable that the parties could reside quite a distance apart from one another depending on the frequency with which Shane wants to have visits with the children and the financial capabilities of the parties. o While this evaluation cannot recommend a specific location to which the parties should relocate, it is recommended that Mrin live in a place where she has, or can quickly establish, a strong support network of friends and family. Primary caretaker for two small children can be a stressful and taxing role. It is important to have a network which can provide support and guidance when needed and can decrease the level of isolation one might feel in that situation. • It is recommended that Shane begin working again with a therapist on his difficulties with anger expression and accepting responsibility for his behavior. Until such time that he can demonstrate an ability to model appropriately and provide emotional stability and security to his children, it is recommended that his custodial times with the children be limited in a way that is similar to his current schedule. • Shane and Mrin begin communication counseling with a co-parent counselor. It is very important that they learn ways to communicate more effectively and to work together for the benefit of their children. Should these parents continue to work together in the maladapted style they have adopted, it is likely to cause more significant adjustment problems for Shivaan and Tanisha. Wimalendran v. Pnnomabalam Page 13 of 13 7-24-10 Date J1, ,? I), . Kasey Shienvold, Psy.D. Licensed Psychologist Riegler - Shienvold & Associates ADDENDUM TO CUSTODY EVALUATION Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling,ACSW, LCSW Tracy Richards, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW MRINALINI PONNAMBALAM V. UTHAYASHANKER WIMALENDRAN NO. 09-1403 Due to the uncerWn immigration and citizenship statums of the parties, it is possible that Mrin will be forced to leave the country within a short period of time. Additionally, it is the understanding of the evaluator that Mrin is petitioning the Court for the right to relocate with the children. Should either Mrin be forced to relocate to another country due to immigration issues or should the Court decide to grant Mrin the right to relocate with the children, recommendations are needed on how to proceed. The following recommendations are given within a reasonable degree of psychological certainty and based on the experience of the evaluator, the current peer-reviewed literature, and the information gathered during the course of the evaluation. If Mrin is allowed to leave the country or forced to leave the country, it is recommended that the children be permitted to relocate with her. Mrin has always been the primary custodian of the children. She has demonstrated a greater awareness of the children's unique emotional and developmental needs and demonstrated the ability to consistently meet those needs. Her attachment with the children is secure and the children see her as a source of security and stability. Shane has never been primary physical custodian of the children and has had limited opportunity to be a single parent to the children for any extended period of time. While he is securely attached to the children and the children appear happy and joyful around him, children Tanisha's and Shivaan's age form hierarchical attachments. They tend to have p 1 one. primary attachment which ?s paramount to them. Mrin's consistent presence as a stay-at-home caretaker has allowed her to fulfill that role as the primary attachment. As mentioned in the recommendations of the main report, Shivaan and Tanisha are at a sensitive age in child development and in their ability to tolerate long separations from their custodial parent. According to the history provided by the parties, neither child has had a long separation from Mrin with the exception of one trip Mrin took to Sri Lanka without one of the children. There is significant concern about the children's ability to function effectively and handle a prolonged separation from their mother at this stage in their development. Were the children into their primary school years, they would be more likely able to tolerate such an arrangement. 2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 17110 - (717) 540-1313 - Fax: (717) 540-1416 www.rieglershienvold.com As mentioned earlier in the report, it is best for the children that Shane reside within a reasonable proximity to Mrin and the children over the next several years such that he is able to have consistent regular contact with the children. However, if a relocation to another country is imminent, it is it is in the best interest of Tanisha and Shivaan that they remain under the primary custody of Mrin. Shane is an integral part of the children's lives and his relationship with them must be encouraged and supported by Mrin. Frequent phone calls, visits whenever possible, and the use of video conferencing can all be utilized to strengthen and nurture their relationship during any prolonged separation. -Sincerely, Kasey Shienvold, Psy.D. Custody Evaluator I Verify that the statements made in the foregoing document are true and correct to the test of my knowledge, info radon and beef. I understand that false sWmw is are made subject W the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Mrlnalini nnambalam Dated: Z I V AdU CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by hand delivery upon the following: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 1 0 &UJLJAq? - 6`5nne Barnhart, Legal Secretary Dated: June 1, 2011 UTHAYASHANKER WIMALENDRAN : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1403 CIVIL ACT1Q#N Ww -7 ..b .-V 1Tiva M. MRINALINI PONNAMBALAM'' z5 r- - CD Defendant IN CUSTODY W ., i.ORDER OF COURT AND NOW, this day of 2009', upon consideration of the attached Custody Conciliation Report, it is or red and directed as follows: /7 J!,36 A. M, A hearing is scheduled in Court om Number / in the Cumberland County Courthouse on the day of , 2011. at which time testimony will be taken. For purposes of the hearing, the Father, Ut ayashanker Wimalendran, shall be deemed to be the moving; party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of the witnesses each intends to present and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 5 days prior to the hearing date. cc: ?erschel Lock, Esquire - Counsel for Father Debra D. Cantor, Esquire - Counsel for Mother BY THE COURT, UTHAYASHANKER WIMALENDRAN Plaintiff Vs. MRINALINI PONNAMBALAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1403 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shivaan Wimalendran May 6, 2005 Mother Tanisha Wimalendran March 7, 2007 Mother 2. A custody conciliation conference was held on June 1, 2011, with the following individuals in attendance: the Father, Uthayashanker Wimalendran, with his counsel, Herschel Lock, Esquire, and the Mother, Mrinalini Ponnambalam, with her counsel, Debra Cantor, Esquire. 3. It was agreed at the conference that the conciliator would hold this matter open until the Australian Medical Board made a decision after the mid June meeting on the Mother's application for employment. The Father was willing to continue the existing custody arrangements if the Mother obtained a position at the hospital in Australia, but intended to pursue his request for custody if the Mother did not get the job and remained in Sri Lanka. The Mother's counsel subsequently reported that following the Medical Board's June 25 meeting, two items of information were requested from the Mother which were to be considered at the July 17 Board meeting. As of the date of this report, the Mother's application has not yet been finally acted upon by the Board and the Father's counsel has requested that a hearing be scheduled without further delay. Accordingly, the conciliator forwards an Order in the form as attached scheduling a hearing as requested. 4. The Mother's position on custody is as follows: The Mother believes that it would be in the best interests of the Children to continue to primarily reside with her regardless of where she obtains employment as a physician. She is not able to work in the United States as she had been denied a Visa. The Mother indicated that the Father knew at the time they established the custody arrangements that she was a Sri Lankan citizen and it was anticipated that she would work in the medical field in Sri Lanka. The Mother believed that she could easily work in Australia, which was acceptable to the Father, but the job came into question when the Medical Board rules changes to take recency of employment into consideration (the Mother had not worked as a physician since her marriage). i However, the Mother applied for a new position at a hospital in Adelaide and her application is still under consideration. The Mother has no reason to believe that there are any problems with her application currently except normal administrative red tape. 5. The Father's position on custody is as follows: The Father believes that it would be best for the Children to be in his custody in the United States rather than live in Sri Lanka., as he feels the quality of life, including education is better in this country. The Father also believes that when working, the Mother does not have the ability to spend quality time with the Children. The Father stated that here the Children would have a house, friends and activities and would benefit from more stability. The Father was willing to wait until the Australian Medical Board made a decision on the Mother's application which was expected to occur in June as he believed the Children would also have a good quality of life living in Australia. However, as the Board has not yet made a decision, the Father requests that a hearing be scheduled on his request for primary physical custody. 6. The conciliator recommends an order in the form as attached scheduling a hearing. It is anticipated that the hearing will require at least one-half day. dcyl Date Dawn S. Sunday, Esquire Custody Conciliator Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 UTHAYASHANKER WIMALENDRAN, Plaintiff j l rT ? F.1 12. L 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. MRINALINI PONNAMBALAM, Defendant NO. 09-1403 CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW PETITION TO MODIFY ORDER OF CUSTODY To the Prothonotary: Please withdraw my Petition to Modify Order of Custody filed on April 25, 2011. DATE: October 20, 2011 Distribution List: Hon. J. Wesley Oler, Jr., Judge Herschel Lock, Esq. 3107 North Front St. Harrisburg, PA 17110 Debra D. Cantor, Esq. McNees, Wallace & Nurich LLC P.O. Box 1166 Harrisburg, PA 17108-1166 B 1 cy/04 Y• Herschel ock, Esquire 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court ID No. 22691 UTHAYASHANKER WIMALENDRAN, Plaintiff VS. MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1403 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Herschel Lock, Esquire, do hereby certify that on this 20th day of October, 2011, I served a copy of the Praecipe to Withdraw Petition to Modify Order of Custody by depositing the same in the United States Post office, first-class mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Hon. J. Wesley Oler, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Debra D. Cantor, Esquire McNees, Wallace & Nurich LLC P.O. Box 1166 Harrisburg, PA 17108-1166 aC? DATED: October 20, 2011 B DIRE Q HE.RSCH LOCK, E Q Attorney for 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 UTHAYASHANKER IN THE COURT OF COMMON PLEAS OF WIMALENDRAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : CIVIL ACTION - LAW MRINALINI PONNAMBALAM, : Defendant : NO. 09-1403 CIVIL TERM IN RE: PETITION TO MODIFY ORDER OF CUSTODY ORDER OF COURT AND NOW, this 21" day of October, 2011, upon consideration of the Praecipe To Withdraw Petition To Modify Order of Custody, filed in the above matter by Herschel Lock, Esq., attorney for Plaintiff, the hearing previously scheduled for October 26, 2011, is cancelled. BY THE COURT, zu'-' e chel Lock Esq. 3107 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff bra D. Cantor, Esq. P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant :rc J ,o;1. t //l ~r _ . UTHAYASHANKER WIMALENDRAN, Plaintiff vs. MRINALINI PONNAMBALAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1403 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this ~ ~ day of November, 2012, after consideration of Petitioner's request for Leave to Withdraw pursuant to Pennsylvania Rule of Civil Procedure 1012, it is hereby ORDERED and DECREED that Herschel Lock, Esquire is granted leave to withdraw his c-~ ~> >. appearance as counsel for Plaintiff Uthayashanker Wimalendran. --~--= ~~ ~~~~ _, ~._ cn y tv ~ ~.a BY THE "~'' ~ ?^ v ~--~ _ -- ~~~, _.. _ -, _. ~~P ,.. ~ _~ ., .,~ ._ _ ~~~y J. Distribution List: /Herschel Lock, Esquire /Debra D. Cantor, Esquire /Uthayashanker Wimalendran 3107 North Front Street McNees, Wallace & Nurick LLC 4089 Caissons Court Harrisburg, PA 17110 P.O. Box 1166 Enola, PA 17025 Harrisburg, PA 17108-1166 /~L UTHAYASHANKER WIMALENDRAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSLV ANIA.. : NO. 09-1403 ..' MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW .<t - .._ , Defendant : IN CUSTODY —, i_ ,� [N.)i Petition: Contempt of Court — Custody AND NOW, Plaintiff, Uthayashanker Wimalendran, files this Petition of Contempt of Court Order of Custody, and in support avers the following: 1. Plaintiff is Uthyashanker Wimalendran, Father, who currently resides at 4129 Shoreline Circle, Virginia Beach, VA 23452. 2. Defendant is Mrinalini Ponnambalam, Mother, who currently resides at 46 Akame Circuit, O'Malley, ACT, Australia, 2606. 3. The parties hereto are the parents of the following minor children: Shivaan Wimalendran, Date of Birth May 6, 2005 US Citizen Tanisha Wimalendran, Date of Birth March 7, 2007 US Citizen 4. On March 19, 2010, this honorable Court entered an Order of Custody, granting the parties hereto joint legal custody of the minor children, granting Wife primary physical custody, and granting Husband temporary or partial physical custody. A true and correct copy of this Order is Marked Exhibit "A," attached hereto, and made part hereof. 5. At the hearing on March 17, 2010, Wife testified to the following: a. She was offered a General Practitioner job with Country Doctors in Australia paying equivalent of $175,000 USD plus a back -dated pension stipend of $100,000 per year after seven years of employment. (Transcript, p. 126, 1. 10-14, attached hereto and made part hereof as Exhibit "B"); 1 83.a) Pa FLIP MO* 1,881104 580 R 3074134 b. She had not practiced as a physician for five years prior to the dates of this hearing (Transcript, p. 132 1. 18-21, attached hereto and made part hereof as Exhibit "C"); c. She testified that her move to Australia would be in the best interest of the parties' children because she would be able to work and the children would have a better quality of life (Transcript, p. 150, 1. 6-16, attached hereto and made part hereof as Exhibit "D"); d. She testified that she was willing to bring the children to the United States to visit Plaintiff for four weeks (Transcript, p. 154, 1. 4-7, attached hereto and made part hereof as Exhibit "E"); e. She testified that the children would have in, Australia, "a very good quality of life with ...very good schools, very good extracurricular activities" (Transcript, p. 154, 1. 13-15, attached hereto and made part hereof as Exhibit "E"); f. She testified that she would be "able to give them a good quality of life plus save for the future" (Transcript, p. 154, 1. 15-16, attached hereto and made part hereof as Exhibit "E"); 6. At the time of March 17, 2010, hearing, Defendant claimed she had been denied a visa to stay in the United States and was compelled to leave the country on or March 28, 2010. 7. Defendant left the country with the parties' minor children or about March 28, 2010. Furthermore, it took her more than 18 months to move to Australia. 8. It is reasonable believed and therefore averred that Defendant upon joint application with the Plaintiff would have received "Green Card" or Permanent resident ship in the US. 2 Furthermore, Plaintiff's request for joint application was turned down by the Defendant and Plaintiffs sole application was approved for "Green Card" or Permanent Resident ship in 2012. 9. It is reasonably believed, and therefore averred, that at this time the Defendant yet to secure a permanent resident ship for the children in Australia. Furthermore, Defendant continued to refuse to notify the Plaintiff of the status of the children's immigration status in Australia and the time frame it will take to obtain one. 9. Dr. Shinevold testified at the March 17, 2010, hearing, the relevant testimony being as follows: a. A stressor affecting the Plaintiff was Defendant's inability to find employment commensurate with her education in the United States despite her assuring him that she would not have an issue practicing in the United States (Transcript, p. 19,1. 1-6, attached hereto and made part hereof as Exhibit "F"); b. Plaintiff, at the time of interview with him alleged and provided me with a binder here of issues and concerns he had. He described her taking the children to places there was active terror zones in I believe in Srilanka, but maybe some other countries as well, that when he would express concern about the children's safety that she would not listen. (Transcript, p. 19,1. 17-23, attached hereto and made part hereof as Exhibit "F"); c. Plaintiff had, at the time of the hearing, a close and loving relationship with his children, and that his children do enjoy their time with their dad, and so it is important to maintain and nurture that relationship as much as possible. (States (Transcript, p. 33,1. 21-24, attached hereto and made part hereof as Exhibit "G"); d. In response to a question by the Court ("if she [the Defendant] would be allowed to reenter the country, would be (sic) mother could come and spend and extended period of time here is Pennsylvania?"), Dr. Shenvold answered "Oh, of course. I'm sorry. I didn't know that was an option." (Transcript, p. 34,1. 25, p. 35, 1. 1-4, attached hereto and made part hereof as Exhibit "H"); 3 e. The preference is for all the parties to live near enough to one another that they can have a similar schedule to the proceeding the order of March 19, 2010 because it is important, given the ages and development of the children, that they have regular contact with each of their parents if the goal is to maintain and nurture the relationship that they have [with their parents] (Transcript, p. 37,1. 1-9, attached hereto and made part hereof as Exhibit f. I think the children were older I would recommend long periods of time with their dad over the summer or the non -school year because, I guess, depending on what part of the country they might have different holidays and school arrangements, but during the non - school months. (Transcript, p. 34,1. 3-8, attached hereto and made part hereof as Exhibit g. I have no doubt that they enjoy their relationship with their dad. (Transcript, p. 51,1. 8-9, attached hereto and made part hereof as Exhibit "K"); 10. Defendant represented to Plaintiff that, on or above May 15, 2014, she will not be bringing the children for their visitation with their father at end of the school holidays in June, 27, 2014. Furthermore, Plaintiff had visited the children in April, 2014 for two weeks and the Plaintiff had expected the Defendant to bring the children in July of 2014 during the children's school break. Instead, she represented to Plaintiff that she will be taking the children to Srilanka for three weeks' in July. 11. Furthermore, she had notified Plaintiff that she will be taking the children to Srilanka July of every year. Defendant had already taken the children to Srilanka on or about July 2013 without the father's consent or his concerns about the volatile situation prevails in Srilanka. 12. Defendant's actions further deprive both parties' minor children from spending valuable time with their only known father during the summer time in the US. 4 11. Defendants refusals are consistent with previous visitations request by the Plaintiff for her to bring the children to the US as per the Honorable Court's order issued on March 19, 2010. 12. Plaintiff had previously requested a set time table, so the Plaintiff and his children could have a consistent time interval of visitation, so the father and the children could enjoy their time together and continue to nurture the set formed relationship. Plaintiff's request for schedule of custody visitation was ignored by the Defendant and she is using her physical custody of the children to unilaterally make her own decision in regard to when she would bring the children's for their visitation with the Plaintiff. 13. Defendant had multiple times interfered while having Plaintiff visiting with his children, including showing up Plaintiff residence without prior warning and upsetting the children. Furthermore, she had unjustifiably demanded more time with the children while Plaintiff exercising his visitation with his children and made unjustifiable threats against the Plaintiff. 14. Defendant had represented in child support hearing and in the Divorce Masters hearing that she spends in excess of $33,000-$36,000 USD in transportation fees for the children and Plaintiff. (Divorce Masters Partial Report, Exhibit "L"); 15. Defendant collects child support in the amount of $884.00 USD per month. Furthermore, Husband spends in excess of $2500.00 USD in expenses per trip while exercising his visitation rights with his children. Defendant had failed to declare in excess of $1,000,000 USD in Child Support income in previous years in such a manner that is financially interfered with Plaintiff's visitation rights. 16. Furthermore, Defendant lives in a lavish 1.4 million dollar house in Canberra, Australia and in multiple occasions travelled outside of Australia to visit her friends and extended family members. However, she never brought the children for visitation with the father minimal 3 times to the USA as per Honorable Court's Order issued on March 19, 2010. (Hereto and made part hereof as Exhibit "M", Transcript, p. 151-152, attached hereto and made part hereof as Exhibit «N„).) 5 16. Plaintiff maintains a reasonable fear for the children's safety while Defendant taking the children to Srilanka, and therefore believes that it is dangerous for the Defendant mother to take the children to that country. 17. It is reasonably believed, and therefore averred; that Defendant's immediate family members are engaged in political radicalism in Srilanka. 18. It is reasonably believed, and therefore averred; that Defendant's immediate and various family members came under intimidation, harassment and death threats by widely believed to be government forces. (Attached hereto and made part hereof as Exhibit "0"); 18. It is reasonably believed, and therefore averred, that just prior to Defendant's visit to Srilanka in July of 2013 and where the children have temporally resided, four unidentified masked men had surveyed the house and warned the occupants. (Attached hereto and made part hereof as Exhibit "P"); 18. Furthermore, Defendant was notified of the travel warnings posted by the Australian Travel board to Australian residents travelling to Srilanka. (Attached hereto and made part hereof as Exhibit "Q"); 19. Defendant unreasonably refuses to acknowledge Plaintiffs reasonable fear of his children's safety and she continues to plan traveling to Srilanka with them. Furthermore, Defendant's actions are in violation of Plaintiff's joint legal custody of the children, which was granted to him by the Honorable Court on March 19, 2010. 20. Plaintiff's continue to hold a loving and caring relationship with his children while residing in the USA with frequent communication via Skype and telephonically, and exercising his physical visitation in Australia as financially possible. 6 19. Defendant unreasonably and without justification refuses to comply with this Honorable Court's Order by precluding Plaintiff from his scheduled partial physical custody of the children at the end of June, 2014. 20. Plaintiff believes, and therefore avers, that Defendant is using her primary physical custody of the children in a manner detrimental to Plaintiff's and inconsistent with law. 21. Plaintiff sort concurrence from the Defendant's counsel. WHEREFORE, Plaintiff prays this Honorable Court to enter an order in such a manner that would allow the Plaintiff to exercise his visitation with his children in the US during the summer, and issue and order which would preclude the Defendant from taking the children outside of Australia without prior consent from the Plaintiff. Dated: June 7, 2014 Respectfully Submitted, By: Uthayashanker Wimalendran, Pro Se 4129 Shoreline Circle, #137 Virginia Beach, VA 23452 (757) 463 6865 Shane_wimalendran@hotmail.com 7 UTHAYASHANKER WIMALENDRAN :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 09-1403 Civil MRINALINI PONNAMBALAM, :CIVIL ACTION - LAW Defendant :IN CUSTODY CERTIFICATE OF SERVICE I, Uthayashanker Wimalendran, Pro Se, do hereby certify that on this day of June 2014, I served a copy of Plaintiff's Contempt of Court Charges — Custody motion via email to opposing counsel Debra Cantor at dcantor@mwn.com: Date: June 10, 2014 BY: Debra D. Cantor, Esquire dcantor@mwn.com McNees, Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166 Uthayashanker Wimalendran Defendant, Pro Se 4129 Shoreline Circle, #137 Virginia Beach, VA 23452 (757) 463 6865 Shane_wimalendran@hotmail.com HERSCHEL LOCK ESQ 717 232 5282 02/12/10 0S:S2pm P. 001 UTHAYA SHANKER. : IN THE COURT OF COMMON PLEAS OF WIMALENDRAN : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — LAW MRTNALIN1 PONNAMBAL AM, Defendant : NO. 09-1403 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideldtion of Plaintiffs Complaint for Custody, and Defendant's Petition for Emergency Relief, raising a relocation issue, with respect to the parties' children, Shivaan Wimalendran (d.o.b. May 6, 2005) and Tanisha Wimalendran (d.o,b. March 7, 2007), and f011o*ing a hearing held on March 17, 2010, and based upon the court's view as to the best interests of the children under the circumstances, it is ordered and directed as follows; 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the mother, and her proposed relocation with the children to Newcastle, Australia, where she appears to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quality of life for Defendant and the children, (b) to. be not motivated by a desire to frustrate the visitation rights of Plaintiff or to impede the development of a healthy relationship between the children and Plaintiff, and (c) that 0 feasible arrangements can be made to ensure a continuing, S meaningful relationship between the children and Plain notwithstanding the relocation, the relocation is authorized. 3. Temporary or partial physical custody of the children shall 14, t• in Plaintiff, the father, at the following times: a. For six two-week periods. each year, separated by approximately equal intervals, three of which shall occur near Plaintiff's residence M the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility of Defendant, the mother, and. Defendant, the mother, having a right during such periods • to exercise HERSCHEL LOCK ESQ 717 239 5299 03/19/10 0S:S2pm P. 002 physical custody of the children 'for one 24-hour period of each such week; b. For up to six additional, noncontiguous weeks near Defendant's residence in Australia, at Plaintiff's expense and option as to time, but in n.o event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shall permit Plaintiff to have contact with the children twice each week, utilizing a Skype or similar visual system, during her periods of physical custody; 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such governmental documents as may be necessary to facilitate the children's relocation; 6, Defendant mother shall furnish to Plaintifrs counsel a copy of the written opinion denying her .m.ost recent visa application immediately upon its receipt, for such action as tie deems appropriate in this court on behalf of Plaintiff; and 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. BY THE COURT, Wesley Oler, Herschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110' Attorney for Plaintiff Debra D. Cantor, Esq. 100 Pine Street P.O. Bax 1166 Harrisburg, PA 17108-1166 Attorney for Defendant Exhibit B 1 the job, and since then I have been in contact with them by 2 telephone finding out'details, et cetera. 3 THE COURT: And what is the date of that? 4 THE WITNESS: This is the 19th of February, 5 2010.. THE COURT: Any other questions, Ms. Cantor? 7 BY MS. CANTOR: 8 Q Would you be able to gain admission to 9 practice medicine in Australia? 10 A Yes. I have already got what is called the 11 advance certification from the Australian Medical Counsel by 12 my UK qualification and my UK jobs, and what that means is 13 that after one year of supervised work in Australia, I will 14 gain full registration with the Australian Medical Counsel. 15 Q If you accept this job with Country Doctors, 16 where would you reside, likely reside? 17 A I would reside in a place called New Castle, 18 which is an hour and a half drive from Sydney. 19 Q And what type of place is New Castle? 20 A It is the second largest city. It is a 21 multi -cultural city. It's not as congested as a big city 22 like Sydney. It has got a lot of parks, libraries, art 23 galleries, museums. It has got a lot of wildlife 24 sanctuaries, beaches. It is one of the coastal towns. 25 Q Would you live in an apartment, a town home 126 Exhibit C 1 visitor's visa for Canada from'Sri Lanka? 2 A From Sri Lanka, I have'applied for visas to 3 several countries, and I have gotten the visas to Canada as 4 well in the past. 5 Q Are you able to go to the Sri Lankan embassy 6 or the Canadian Embassy and obtain a visitors visa now? 7 A What I understand is because I am out of 8 status here,I cannot apply for any sort of visa because I 9 don't have status here in the first place right now. 10 Q Okay. But you can obtain a Canadian vistor's 11 visa in Sri Lanka? 12 A I would imagine so. 13 Q Now, I heard, as you testified about your 14 educational background, and I guess they do it differently 15 in the United Kingdom, you have a 5 year university medical 16 college combination? 17 A That's right. 18 Q Okay. Now, am I understanding -- am,I 19 correct in understanding that you have not practiced as a 20 physician for at least 5 years? 21 A Yes, in the last 5 years. 22 Q Where was the last place you worked as a 23 physician? 24 A In Malaysia. 25 Q And that was? Exhibit D 1 very large interest in the children's activities, yes. 2 Q And you are saying despite what Dr. Shienvold 3 wrote before separation he didn't show much of an interest? 4 Is that what you're saying? 5 A That's what I am saying. 6 Q Is your request to move to relocate to 7 Australia with the children made so you can practice 8 medicine or is it made for the best interests of the 9 children? 10 A It is in the best interests of the children, 11 and one of that is the advantage of me being able to support 12 us. 13 Q Wait a second. What is the best interests of 14 the children about the move? 15 A Well, I would be able to work. They'll be 16 able to have a better quality of life. They have extended 17 family. When they were there in November of 2008 they had a 18 really good time with all of the relatives. My husband's 19 cousins came and visited. They came for the wedding. 20 Q You and your husband own your home in this 21 country? 22 A Yes. 23 Q Do each of you have your own car? 24 A Yes. 25 Q You paid for the car yourself, cash, didn't 150 Exhibit E 1 children, that move, versus seeing dad, being able to see 2 dad personally on a regular basis? 3 A They will always talk to him and I will -- 4 whenever my vacation time comes, I'm willing to bring them 5 over here for four weeks, and for them to visit with him. 6 He's got time either he can take when we're here or we can 7 come over there. I mean he can see them. 8 Q Okay. The question is, other than the fact 9 that you try to let him see the children, is there any -- if 10 you can't come up with anything that counterbalances in your 11 opinion them seeing their dad on a regular basis, that is 12 fine. 13 A They will have a very good quality of life 14 with, you know, very good schools, very good extracurricular 15 activities. I will be able to give them a good quality of 16 life plus save for the future, and they'll have all of their 17 extended family interactions as well. 18 Q Do you live in the same neighborhood now? 19 A Yes, we do. 20 Q Is your mortgage paid up to date? .21 A I hope so. 22 Q Are you in the Cumberland Valley School 23 District? 24 A Yes. 25 Q Okay. They have a good quality of life here, Exhibit A Exhibit F • Another stressor to him was mom's inability 2 to find employment commensurate with her education in the 3 United States. He claimed that during the initial I guess 4 courtship or early stages prior to their marriage that she 5 assured him that she would not have an issue practicing as a 6 physician in the United States, 7 Q In relation to his criticisms of Mrin as a 8 parent, did he categorize to you that he considered her to 9 be harsh and punitive towards the children? 10 A -Yes, he said she had a tendency to behave 11 that way on occasion. I don't believe he indicated that it. 12 was always the case, that she was consistently harsh and 13 punitive, but that on occasion he felt her behavior was too 14 harsh for the children. 15 .Q And did he also allege that she had placed 16 the children in dangerous or deadly situations? 17 A . Yes. When he was discussing -- and he 18 pov_icie_de_w_i_thbin_de_r_ti_e_r_e of issues and concerns he 19 had He described her taking the children to places where 20 there was active terror zones in I believe Sri Lanka, but 21 maybe some other countries as well, that when he would 22 express concern about the children's safety that she would 23 not listen. 24 Q And .did you investigate these allegations 25 through the evaluation process? 19 Exhibit G 1 frequent contact with their father. Obviously that is the ideal. 3 However, you know, it depends on the 4 situation, the ability of the parties to relocate, where and 5 when, and the I guess financial means for visitation. 6 Given -- you know, given the age of the children they 7 certainly can't travelunaccompanied by an adult. So it 8 would require.a substantial financial outlet for the two of 9 them to travel back and forth. 10 If, you know, frequent visits aren't -- 11 regular visits aren't possible, I recommended frequent 12. contact through phone calls, you know, visits whenever 13 possible. You know, there are plenty of families that I 14 work with that use videoconferencing such as Skype, I 15 believe it is called, to make sure that Shane is still a 16 presence in the children's lives as much as possible because 17 obviously my recommendation for Mrin is not indicative of 18 the -- trivializing the importance of dad's relationship 19 with the children and the importance of that. 20 I certainly think that it was demonstrated 21 through this evaluation that dad also has a close and loving 22 relationship with his children, and that his children do 23 enjoy their time with their dad, and so it is important to 24 maintain and nurture that relationship as much as possible. 25 THE COURT: If the mother does leave the 33 Exhibit H 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non -school months. You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended 18 summer visit away from their mother. - 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's 22 there as long as they can still have contact with their mom. 23 BY MS. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to reenter the country, 1 would be mother could gome and spend an extended period of 2 time here in Pennsylvania? 3 A Oh, of course. I'm sorry. I didn't know 4 that was an option. 5 6 Q Well, it is not right now but... A Okay. Yes, but that is certainly the case, 7 and then as I said earlier, once the children, you know, are 8 a few years older, you know, five and seven, that range, 9 they can certainly tolerate the extended visits with the dad 10 at that point, if they do, in fact, live in distant parts of 11 the world from one another. 12 Q Now, in your recommendations -- in both of 13 your recommendations you focus a lot on Mrin's role as the 14 primary physical custodian of these children. Can you talk 15 a little bit more about the impact -- the development -- the - 16 impact on their development should they be separated from 17 her for long periods of time? 18_ . .. _ . A . The potential.. --_ .I_, ,can , only _, speak.. in 19 potential obviously. 20 21 Q Sure. A Children's primary attachments and primary 22 caretakers are the most critical people in their lives, 23 certainly in the early years, and even through many of the 24 formative years of schooling, and at this age they don't 25 have the maturity or emotional readiness to really tolerate 35 Exhibit 1 1 Obviously the preference for all of this is 2 for the parties to live near enough to one another that they 3 can have a similar schedule to the one that they have now 4 or at least near enough to one another that they could have 5 a comparable schedule to the one they have now because it is 6 important, given the ages and developmental levels of the 7 children, that they have regular contact with each of their 8 parents if the goal is to maintain and nurture the 9 relationships that they have, and there is nothing in my 10 evaluation that makes me believe or gives me the opinion 11 that dad should not,be a regular part of their lives. So it 12 is just -- it is a very unfortunate situation that we are 13 faced with. 14 MS. CANTOR: I think that's all I have. 15 THE COURT: Okay. Let's take about a five 16 minute recess, and then we will resume. 17 (A recess was taken at 10:46 a.m., and court 18 resumed at .11:00 a.m.)„ 19 AFTER RECESS 20 THE COURT: Mr. Lock. 21 MR. LOCK: Thank you. 22 CROSS EXAMINATION 23 BY MR. LOCK: 24 Q Dr. Shienvold, I am going to address first 25 Defendant's Exhibit 2. That is your March 15th addendum to 37 Exhibit J 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non -school months. 9 You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended 18 summer visit away from their mother. 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's 22 there as long as they can still have contact with their mom. 23 BY MS. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to reenter the country, Exhibit K 1 children's relationship with that parent. 2 Q I was taken because the language you used is 3 different than the language I generally see. When you 4 referred in your addendum to -- you stated that the children had a happy -- were happy and joyful. You used the word 6 happy and joyful around their father. I take it that speaks 7 well of their relationship? 8 A I have no doubts that they enjoy their 9 relationship with their dad. 10 Q You knioW, I want to address now, if I may, 11 the custody evaluation. 12 A Okay. 13 Q Okay. Now, the date on that is February 24th 14 of this year? 15 A Correct. 16 Q Between the -- strike that. You interviewed 17 both Mrin and Shane in July and August of 2009? 18 A That's correct. 19 Q When did you give them the test, if you know? 20 A I do. Dad took the test on August 18th, 21 2009. He took the MMPI, the Stazi he took on August 25th, 22 2009. Mom took the MMPI August 7th, 2009, and the Stazi 23 July 23rd, 2009. 24 Q Did you have any additional interviews with 25 them since the July and August interviews? 51 Exhibit L f ff J /2 f STIPULATIONS At the time of the hearing, before testimony began, husband and wife's counsel placed certain stipulations on the record relating to the identification and value of assets. Those stipulations have been transcribed and are made part of this report. FINDINGS OF FACT 1. The parties were married on May 31, 2004 and separated on December 1, 2008. This is the first marriage for both parties. 2. The parties are the natural parents of two minor children. Wife has primary physical custody of the children; however, husband has partial custody rights pursuant to a court order entered by Judge Oler on March 19, 2010, allowing husband three two-week periods with the children in Australia and three two- week periods with the children in the United States. Wife is charged with paying all of the transportation costs for husband and the children, which cost wife approximately $33,000.00 to $36,000.00 annually. 3. Wife is 41 years of age and resides at 46 Akame Circuit, O'Malley, Australia, 2606 where she lives with the children. Wife, through the course of pursuing her education, has obtained a medical degree, having been schooled in the United Kingdom, the United States, and Australia. She is currently working in a clinic where she makes approximately $53,000.00 net per year. Wife also has income froth rental properties in Asia and the United States, and including the rental income and using a net number, wife's total monthly net income is $7,704.00. 4. Husband is 41 years of age and resides at 4129 Shore Line Circle, Virginia Beach, Virginia. Husband has a Bachelor's degree in mathematics and has studied in Canada and the United States. He is currently working in an actuarial position with a company in Virginia and he stated that he makes around $75,000.00 gross per year. After paying his child support ($900.00 monthly) and taxes, he says that he nets around $2,000.00 per month. 5. Wife is a citizen of Sri Lanka and husband is a citizen of Canada. 6. Neither party has any health issues affecting their ability to carry out their employment responsibilities. . 7. Medical insurance coverage is not an issue for either of the parties. Exhibit M SALES HISTORY REPORT 46 Akame Circuit O'Malley, ACT, 2606 Sales History Nov 11 « www.rpdacicom Sale Date Sale Price Sale Type 3 2 1403m2 Sale Advised Days by Agency Listed 01/02/2013 $1,400,000 Full Property Transfer, Land And Government Bentham Property 866 Improvement Consultants 02/05/2007 $630,000 Serviced Land/Floor Level Transfer Government No Agency Listed State Government Copyright Notice and Disclaimer The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to: Director, Customer Services ACT Planning and Land Authority GPO Box 1908 Canberra ACT 2601. RP Data Disclaimer RP Data does not warrant the accuracy or completeness of this publication and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage suffered in whole or in part through reliance upon this publication. 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Your car? 2 A Yes. 3 Q They have activities, go to preschool here, 4 correct? 5 A Yes. 6 Q They are covered by health insurance through 7 Shane's employer, Highmark? 8 A Yes, sir. 9 Q They are happy and healthy here, aren't they? 10 A Yes. 11 Q They have contact with relatives? 12 A No, they do not. 13 Q They don't? Do they have contact with their 14 paternal grandparents? 15 A No, they do not, not on a regular basis at 16 all. 17 Q Do you recollect the paternal grandparents 18 coming down here and staying here for several weeks at 19 least? 20 A No. Only the last two weeks for the first 21 time in over two years. 22 Q Okay. You are saying -- are you saying you 23 would have a fancier house in Australia? Is that what you 24 are saying? 25 A Sorry, sir. Could you repeat the question, 151 1 please? 2 Q Yes. You are saying you would have a better 3 life. Do you mean a fancier house or a bigger car? 4 A No. 5 Q Okay. What do you mean? 6 A I mean they will be happy. They will have, 7 you know, relations to play with, people to spend time with. 8 It is very different to having just the isolated family all 9 the time and having extended family around. 10 Q Okay. But the children have friends here and 11 activities here, don't they? 12 A Yes. I have signed them up for all of the 13 activities ever since they were born. It has always been 14 me. 15 Q And you think what you just said, your wish 16 to work, benefits you said of the move, are greater than the 17 children being able to have a constant continuous physical 18 contact with their father? 19 A Sir, we work for the betterment of our 20 family. We were going to relocate. That is the truth. 21 Q Let me repeat the question, if necessary. 22 Would you answer the question? 23 A Yes. 24 Q Is what you said, a fancier car, maybe? 25 Nicer house? Exhibit 0 I amiltvet: O2.U.06 Ciajendrakumar complains of threat to life Page 1 of Torii of Gajendrakumar c. mpta@ns of threat to Fite [TamilNet, Tuesday, 02 May 2006, 10:54 GMT] Gajendrakumar Ponnambalam, Tamil National Alliance parl`lmentarian for Jaffna district, in a letter to Sri Lanka's President Mahinda Rajapakse Tuesday, complained of harassment and death threats to domestic staff at his Jaffna residence. His residence in 3rd Cross street is located close to two Sri Lanka Army (SLA) camps, one at the 2nd Cross street -Main street junction and the other at the 4th Cross street. Full text of the letter follows: 2 May 2006 H.E. Mahinda Rajapaksa, The President of the Democratic Socialist Republic of Sri Lanka, Temple Trees, Colombo. Your Excellency, FOR YOUR URGENT ATTENTION I write to you regarding an incident that took place at about 7 o'clock this morning at my private residence at No. 43, 3rd Cross Street, Jaffna. Two individuals had entered the above premises. Subsequently they had approached the old lady who provides domestic help in the house. One of the individuals had threatened her with a firearm whilst both had gone on to question her about the whereabouts of myself and members of my staff. Thereafter they had proceeded to search the premises. Just before they had left, they further warned the domestic help that if the authorities were informed of this incident that she would be killed. As you will recall, this is not the first time that I have brought to your attention such incidents. On the previous occasion, army personnel in uniform had entered the same premises and had behaved in a threatening manner. Subsequently however, the Jaffna Commander personally contacted me and apologized for the incident. I consider this latest incident a direct threat to my life as well to the lives of the members of my staff. I wish to bring to your attention that there is a Sri Lanka Army camp on the adjoining road down 4th Cross Street. There is also a Sri Lanka Army sentry point at the Main Street - 2nd Cross Street junction. Therefore, it would be much appreciated if this incident is thoroughly investigated. Due to the serious nature of the incident, I will be copying this letter to the Hon. Speaker and the Inspector General of Police. Yours truly, G. G. PONNAMBALAM M.P. Copy to - 1. The Hon. Speaker ; 2. The Inspector General of Police Find this article at: http://www.tamilnet.comjart.html?catid=13&artid=17986 Reproduction of this news item is allowed when used without any alterations to the contents and the source, TamilNet, is mentioned News 1 Features 1 Photo Features 1 Opinion 1 Development 1 TN Transcription Web feeds 1 Feedback 1 About us 1 Home http://tamilnet.com/art.html?catid=13&artid=17986 3/16/2009 Exhibit P Untitled Document weekend Leader PIONEERING POST VE JOURNALISM Ake want an.internationally backed Transitional Administration By Paul Newman (Print) Page 1 of 3 Gajendrakumar Ponnambalam is a third generation Tamil politician from Sri Lanka. He hails from a family of well known lawyers. His father Kumar Ponnambalam, who championed the cause of Tamils in a racist milieu, was gunned down in Colombo in 2000 by unidentified assailants. A former Member of Sri Lankan Parliament (2001-2010) and leader of a political party, the Tamil National Peoples' Front (TNPF), Gajen as he is fondly called, is an articulate, out spoken young politician. He is a qualified lawyer, educated in England. Gajen is a marked man now. His call for an internationally backed Transitional Administration in Tamil areas of Sri Lanka, and his fearless crusade for Tamil rights, often taking contrarian positions to that of PresidentMahinda Rajapaksa, has earned him many enemies. In May 2013, four unidentified masked men surveyed his house. The obvious message to him is, "back off, or else..." But the 39 -year-old Gajen, is not the one to heed b such threats. In an exclusive interview to The Weekend Leader, he told Paul Newman, I work on the basis that I rather be killed than accept the genocide that is being committed on my people." Excerpts from the interview: How do you respond to accusations that you are continuing with dynastic politics without a real grasp of ground level Tamil politics? I don't see coming from a "dynasty" of Tamil politicians as an issue, as long as I have the capacity to serve my people in my own right. One's own personal achievements and failures are what I believe one must be judged by, and not by the family one belongs to. But quite honestly, I find the suggestion that I have not grasped ground level Tamil politics a little surprising. I say this because I happen to be the only Tamil politician who was born and bred in an elite Colombo background, but who chose to eschew that same Colombo elite thinking and move to Jaffna and settle down there. Gajen's demand for an internationally backed Transitional Administration in Tamil areas of Sri Lanka has earned him many enemies In fact, most Tamil elites accuse my politics of compromising their interests and only addressing the interests of the ground level Tamil society. Do you believe what happened during Eelam War IV was genocide? Is there any hope of international investigations? I have no doubt whatsoever that what happened, not only during Eelam War IV, but ever since the British departed from the island of Sri Lanka, is an ongoing systematic genocide. The Sri Lankan state is systematically dismantling the existence of the Tamils as a distinct nation in Sri Lanka. What I mean by nation is Tamils being a people who have a distinct language, distinct territory, a distinct culture, and a self-sustaining economy of our own. It is this nationhood that the Sinhala State wishes to see the end of, as Tamil nationhood is the biggest threat to Sinhala Buddhist nationalism that wishes to turn the island into a Sinhala Buddhist Ethnocracy. So in this genocide, the loss of Tamil lives is just one aspect of the picture. Every one of the pillars that qualify us for nationhood is being systematically destroyed. It is the truth. And this is what the Tamils need to be safeguarded from. This reality is what the conflict is all about. War crimes and crimes against humanity were also committed. What I oppose is merely calling for the investigation of war crimes and crimes against humanity, and leaving out the crime of genocide. Investigate all three crimes is what we are saying. The international community is only interested in the last stages of the war. This is unacceptable. The period that needs to be investigated is the last 65 years — that is, the period ever since the British left the island. That is when the Genocide against the Tamils commenced. http://www.theweekendleader.com/print.php?title=return-of-eelam&&id=1649&cy=Causes 5/26/2014 Untitled Document Page 2 of 3 As to whether there ever will be international investigations, well as you know, it all depends on geopolitics and how the US (and the western countries) and India view Sri Lanka's shift towards China. Even if you look at the way the West andlndia frame the issue of accountability, they are merely trying to use the issue to bring about a regime change and not genuine accountability. If genuine accountability is what the West and India want, then they should have no problem in investigating charges of genocide, and also the last 65 years of Sinhala rule over the Tamil nation. There is a danger that international investigations will only become a reality if the West and India believe that the regime change that they want to see in Sri Lanka will not take place! As for the Tamils, we must not merely let geopolitics decide our fate. It is the duty of every Tamil to mobilize our people in a democratic way, to pressure the international community to act. I believe, if the Tamils here, the Tamils in Tamil Nadu and the Diaspora mobilize in a coordinated way, the international community, and particularly India and the West will have to act. You were the first Tamil leader to demandinternationally supervised transitional administration of the Tamil homeland in the North and East of Sri Lanka at the UNHRC in Geneva. Canyon elaborate how it would function and fulfill the aspirations of the Tamils? Gajen rejects the charge that he has not grasped grassroots Tamil politics We want an internationallybacked Transitional Administration for three main reasons. Firstly, we need to secure the Tamil Nation from the ongoing Genocide. This can only happen if we are taken out of the hegemonic grip of the Sinhala State. The second reason is that if we truly want an accountability mechanism to be successful, then the Tamil people must feel safe in being able to come out and give evidence. This can only happen if the Tamil homeland is taken out of the strangulating grip of the Sinhala State, and a protective mechanism is put in place. We see the Transitional Administration as such a protective mechanism. And thirdly, a meaningful reconstruction of the destroyed livelihoods of our people can only happen through an administration that is accountable to the Tamil people. In other words, the Administration we envisage is not merely a protection mechanism, but one that would have sufficient powers to handle the immediate resettlement, and the rebuilding of livelihoods and development needs of our people. It is important to state that this Transitional Administration would exist only till such time an acceptable political solution is found to the Tamil national question. So it is not a substitute for a negotiated solution. It is something that must be set up in the interim period. It is a common perception that TNPF prefers to work with civil society than the government of Sri Lanka. If that is the case how would you negotiate for a settlement with the government? We are not saying that the Tamils should not negotiate with the government of Sri Lanka. What we are saying is that when we do sit down to negotiate, the government of Sri Lanka must first accept certain fundamentals. They must accept that we are a distinct Nation with our own sovereignty and that we are a people with the right to self-determination. It is on this basis that negotiations can take place to work out the modalities on how the Tanil and Sinhala Nations can coexist in one country. There have been severe threats to your life. Recently there were reports of four unidentified men visiting your house. The TID (Terrorism Investigation Department) had summoned you to its headquarters. How do you cope with all this given the fact that your own father was gunned down? I work on the basis that I rather be killed than accept the genocide that is being committed on my people, as a way of life. I am doing nothing wrong! I am not doing anything that even violates the most draconian laws of the Sinhala State, like the Prevention of Terrorism Act, or the notorious 6th Amendment to the Sri Lankan constitution that prohibits the espousing of a separate state. A11 I am agitating for is a re - envisioning of the State. That is my fundamental right and democratic right! What is your reaction to the Tamil Eelam Freedom Charter declared by TC7'h (Transnational Government of Tamil Eelam) in May 2013? The 6th Amendment to the Sri Lankan constitution prohibits me to say or do anything that might be construed as espousing the creating of a separate state. Therefore I cannot comment on this matter. How do you view the resurgence of the Tamil Diaspora world over? We believe it is inevitable that the Eelam Tamil Diaspora would mobilize again. Each and every member of the Diaspora is directly in touch with their family members back in the homeland. http://www.theweekendleader.com/print.php?title=return-of-eelam&&id=1649&cy=Causes 5/26/2014 Untitled Document Page 3 of 3 They know about the genocide that their brethren are facing. They also know of the unprecedented oppression that the Tamils are facing here. So it is only natural that the Diaspora will take up the cause of the Tamils in the homeland, when the Tamils here have been made voiceless. I fully appreciate most of their efforts. There are some groups though, unfortunately, that are behaving in a very naive way. These groups refuse to see the geopolitics that is driving policy in the western countries that they live in, and as a result are formulating strategies that I believe are a waste of finances and effort. But these groups will realize soon why their efforts will not succeed. Then of course there are some groups and individuals who are being promoted by some western governments to more or less lobby the Tamil Diaspora on their behalf. These groups function very similar to how India uses the Tamil National Alliance to do its bidding in Sri Lanka. Such groups will get discredited as time goes by. IR, r,tigstw.0 The Tamil Diaspora are an asset in the struggle for rights, says the Jaffna based politician But by and large, the Diaspora and their organizations are an asset to us. What is your opinion on the students' movement in Tamil Nadu in support of the Eelam struggle? The students' movement in Tamil Nadu is the very bright light that we see at the end of the tunnel. My firm view is that the students' movement and their continued strategic mobilization are going to be the key for the future of the Eelam Tamils (to be continued) Dr. Paul Newman holds a Doctorate of Philosophy on 'Internal Displacement and Human Rights situation in Northern Sri Lanka' from Bangalore University. He was one of the four public speakers at the Permanent People's Tribunal on War Crimes against Sri Lanka http://www.theweekendleader.com/print.php?title=return-of-eelam&&id=1649&cy=Causes 5/26/2014 Exhibit Q Sri Lanka I Travel advice I Smartraveller: The Australian Government's travel advisory an... Page 1 of 8 Australian Government Deparhnent of Foneign Affairs and Trade smartravelier.gov.au Every traveller, every trip. 24-hour Consular Emergency Centre +61 2 6261 3305 or 1300 555 135 or SMS +61 421 269 080 Sri Lanka Latest update This Advice was last issued on Wednesday, 09 April 2014. It contains new information under Civil unrest/political tension (the Prevention of Terrorism Act remains in place and permits prolonged detention without charge or trial). We advise you to exercise a high degree of caution in Sri Lanka at this time because of the unpredictable security environment. • Exercise normal safety precautions • EXERCISE A HIGH DEGREE OF CAUTION • Reconsider your need to travel • Do not travel • We advise you to exercise a high degree of caution in Sri Lanka at this time because of the unpredictable security environment. • Security forces maintain a visible presence throughout the country. Military and police checkpoints are present along some roads and road closures can occur without warning. • You should avoid all demonstrations and large public gatherings as they may turn violent or be a target for politically -motivated attacks. Police have used tear gas in response to protests. • In the Northern Province of Sri Lanka, which includes Mannar, Vavuniya, Mullaitivu, Kilinochichi and Jaffna Districts, post -conflict security force activity is ongoing. • In both the Northern and Eastern Provinces you should stay on main roads and pay close attention to signs warning of danger from landmines. • Foreign passport holders, including diplomats and international and local non-government organisation personnel, no longer require approval from the Ministry of Defence to travel to the north of Sri Lanka. However, individuals and groups intending to visit military establishments or High Security Zones or to meet military officials still require specific approval from the Ministry of Defence. • Pay careful attention to the type of visa you apply for. Travellers risk deportation if they engage in activities outside their visa conditions. • All regions of Sri Lanka experience outbreaks of the mosquito -borne dengue fever. Almost half of the cases in 2013 were reported in Western Province, where Colombo is located. See Health Issues below for more information. • Because of the prevailing security situation, we strongly recommend that you register your travel and contact details (http://www.orao.dfat.gov.au) with us so we can contact you in an emergency. • Be a smart traveller. Before heading overseas: • organise comprehensive travel insurance and check what circumstances and activities are not covered by your policy • subscribe to this travel advice to receive free email updates each time it's reissued. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri_Lanka 5/26/2014 Sri Lanka I Travel advice Smartraveller: The Australian Government's travel advisory an... Page 2 of 8 Wont AYaaadwpwa wuti,, !,j7), YAi, Ja, "C", POCfnev4 ?nncomalee ► sR{ LANKA • Kit ,wszis.A. CUA c.A fireA. 1 YATOAt click on image to expand Entry and exit Visa and other entry and exit conditions (such as currency, customs and quarantine regulations) change regularly. Travellers intending to visit Sri Lanka should consult the nearest Sri Lankan Embassy or Consulate regarding visa requirements. When selecting the appropriate visa category note that travellers risk deportation if they engage in activities outside of their visa conditions. Foreign nationals who intend to visit Sri Lanka must obtain an Electronic Travel Authority prior to arrival. More information on the ETA can be accessed online at www.eta.gov.lk (http://www.eta.gov.lk). There is a non-refundable processing fee for some categories of the ETA. Make sure your passport has at least six months' validity from your planned date of return to Australia. You should carry copies of a recent passport photo with you in case you need a replacement passport while overseas. Safety and security Terrorism Terrorism is a threat throughout the world. You can find more information about this threat in our General advice to Australian travellers. Conventional conflict between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) in the north of the country ended in May 2009 with the military defeat of the LTTE. No terrorist attacks have occurred since then. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri_Lanka 5/26/2014 Sri Lanka I Travel advice 1 Smartraveller: The Australian Government's travel advisory an... Page 3 of 8 Civil unrest/political tension We advise you to exercise a high degree of caution in Sri Lanka at this time because of the unpredictable security environment. Australians could inadvertently become victims of violence directed at others. You should pay close attention to your personal security and monitor the media and other local information sources for information about possible new safety or security risks. Military and police checkpoints are established along some main roads and armed security forces have a visible presence throughout the country. Road blocks may be established without warning. The security forces have wide-ranging powers, including the authority to impose curfews, detain without charge for extended periods of time and to search individuals, vehicles, residences and commercial premises. You should comply with instructions issued by security personnel and carry proof of identification, such as your passport, at all times. You should avoid all demonstrations and large public gatherings as they may turn violent or be a target for politically - motivated attacks. Police have used tear gas in response to protests. The Prevention of Terrorism Act remains in place and permits prolonged detention without charge or trial. Non -Sri Lankan citizens of Sri Lankan heritage have been detained on occasion by Sri Lankan Police or security forces. Australians are encouraged to keep their passports with them at all times and to ask to contact the Australian High Commission if detained. There have been incidents of violence against aid workers and political activists, including in Jaffna, Vavuniya and the Eastern Province. Journalists have been victims of violent assault and intimidation, including in Colombo. Northern Province: There continues to be a presence of military and security forces in the Northern Province of Sri Lanka, including Mannar, Vavuniya, Kilinochchi, Mullaitivu and Jaffna Districts. Marked and unmarked minefields and unexploded ordnance remain in some areas. You should stay on main roads, pay close attention to signs warning of the dangers from landmines and seek the advice of local authorities concerning the location of unsafe areas. Eastern Province: While most of the Eastern Province has been cleared of landmines and unexploded ordnance, some isolated areas are yet to be cleared. If travelling in the Eastern Province you should stay on main roads and pay close attention to signs warning of danger from landmines. Communal and inter -ethnic tensions have been high in the east in the past and isolated incidents of violence can occur with little warning. Crime Incidents of violent crime occur in Sri Lanka, including sexual assault and robbery. Petty crime such as pick -pocketing and bag snatching also occurs, particularly in large gatherings (e.g. marketplaces and sporting events) and on public transport. Thefts also occur in hotels and guesthouses. Travellers should take appropriate precautions to safeguard valuables and personal effects. There have been frequent incidents of credit card fraud. This includes recent reports of credit card skimming activities. Travellers should seek advice from their credit card provider on how to best protect themselves against credit card fraud. To minimise exposure to fraud use cash wherever possible and only use ATMs attached to banks and major hotels.. There have been an increasing number of reports of sexual harassment in Sri Lanka, particularly in areas frequented by foreign tourists. This includes verbal harassment , physical advances and sexual assaults. Female tourists, particularly those travelling alone, should exercise vigilance and consider organising their travels through reputable travel companies. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri_Lanka 5/26/2014 MOW Sri Lanka I Travel advice I Smartraveller: The Australian Government's travel advisory an... Page 4 of 8 Local travel Travellers are advised to limit travel in High Security Zones and near military and government installations. You should also maintain a high degree of awareness at roadblocks and checkpoints. Transport conditions throughout Sri Lanka are hazardous. There is a high number of road deaths and injuries, particularly on inter -city buses and three-wheeler taxis. The standard of driving and vehicle maintenance is poor. There have also been a number of fatal accidents on Sri Lankan railways in recent years. For further advice, see our road travel page. Foreign passport holders, including diplomats and international and local non-government organisation personnel, no longer require approval from the Ministry of Defence to travel to the north of Sri Lanka. However, individuals and groups intending to visit military establishments or High Security Zones or to meet military officials still require specific approval from the Ministry of Defence. For advice on the location of areas where approval to travel is still required, you can contact the Sri Lankan Ministry of Defence on telephone number (+94 11) 243 3215. The safety standards you might expect of transport and tour operators, including adventure and water sport activities, are not always met. Sufficient safety equipment may not be provided and recommended maintenance standards and safety precautions may not be observed. You should use reputable companies when arranging travel and activities. Swimming conditions at some beaches are unsafe and there are often strong rips. Lifesaving services are rare. Appropriate precautions should be taken. Piracy occurs in the coastal areas of Sri Lanka. See our piracy bulletin for more information. The International Maritime Bureau issues piracy reports on its website (http://www.icc-ccs.orq/piracy-reportinq-centre). Airline safety A number of air services operate between Colombo and the north, including services run by the Sri Lankan Air Force. Safety and maintenance standards may not be certified in accordance with international commercial airline standards. Please refer to our air travel page for information about aviation safety and security. Money and valuables Before you go, organise a variety of ways to access your money overseas, such as credit cards, travellers' cheques, cash, debit cards or cash cards. Australian currency and travellers' cheques are not accepted in many countries. Consult with your bank to find out which is the most appropriate currency to carry and whether your ATM card will work overseas. Make two photocopies of valuable documents such as your passport, tickets, visas and travellers' cheques. Keep one copy with you in a separate place to the original and leave another copy with someone at home. While travelling, don't carry too much cash and remember that expensive watches, jewellery and cameras may be tempting targets for thieves. As a sensible precaution against luggage tampering, including theft, lock your luggage. Information on luggage safety is available from The Australian Civil Aviation Safety Authority (http://www.casa.cov.au/airsafe/trip/packinq.htm). http://smartraveller.gov.au/zw-cgi/view/Advice/Sri Lanka 5/26/2014 UTHAYASHANKER WIMALENDRAN IN THE COURT OF COMMON PLEAS OF ) .7 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI V. 2009-1403 CIVIL ACTION LAW rte-- • MRINALINI PONNAMBALAM • - '�= IN CUSTODYc .. DEFENDANT -'_ C) ORDER OF COURT AND NOW, Monday,June 23,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg,PA 17055 on Monday,July 14,2014 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cep fe_s 401/It°0/ Cumberland County Bar Association 32 South Bedford Street 9 I /.02840043/9 028 0 /man Carlisle, Pennsylvania 17013 X( 0'� Telephone (717) 249-3166 ,o Ca/1 SCO r, &g . 0 cgv • c��3/rye McNEES WALLACE & NURICK LLC By: Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantormwn.com Attorneys for Defendant THE PROTHONOTAH:[ Zgitt OCT -3 PM 2: 2 5 CUMBERLAND COUNTY PENNSYLVANIA UTHAYASHANKER WIMALENDRAN Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1403 MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW Defendant : CUSTODY NOTICE TO PLEAD TO: Uthayashanker Wimmalendran YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PETITION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: 10/3/14 McNEES WALLACE & NURICK LLC By I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantormwn.com Attorneys for Defendant, Mrinalini Ponnambalam McNEES WALLACE & NURICK LLC By: Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor(a�mwn.com Attorneys for Defendant UTHAYASHANKER WIMALENDRAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-1403 MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW Defendant : CUSTODY DEFENDANT'S PRELIMINARY OBJECTION UNDER PA. R.C.P. 1028 (A)(1) AND NOW COMES, Defendant/Respondent, Mrinalini Ponnambalam, by and through her counsel, McNees Wallace & Nurick LLC and files the following Preliminary Objections to the Motion for Contempt/Petition for Modification of Custody. COUNT I 1. Child custody matters are governed by 23 Pa.C.S. §5321 et seq. 2. Jurisdiction regarding custody actions are governed by 23 Pa.C.S. 54 et seq. 3. Pursuant to 23 Pa.C.S. §5422 (a) .... A Court of this Commonwealth which has made a child custody determination consistent with §5421 or §5423 has exclusive continuing jurisdiction over the determination until: 2 a. A court of this Commonwealth determines that neither the child nor the child and one parent nor the child and a parent acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training, and personal relationships; or b. A court of this Commonwealth or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this Commonwealth. 4. Plaintiff resides at 4121 Shoreline Circle, Virginia Beach, Virginia 23452. 5. Defendant and the children reside at 46 Akame Circuit, O'Malley, ACT Australia 2606. 6. Defendant and children reside in Australia pursuant to an Order of this Court dated March 19, 2010, and have resided out of this country since 2010. 7. At this point, neither parent resides in this Commonwealth. The children have not resided in this Commonwealth for a period of four years, and have been residents of Australia since October, 2011. 8. Defendant files this Preliminary Objection under 1028(a)(1) due to lack of jurisdiction. 9. Defendant has filed a separate action in Australia with a conference/hearing set for November 3, 2014. A full copy of the pleadings are attached hereto as Exhibit "A." 3 10. Via correspondence, Defendant's attorney asserts jurisdiction rests appropriately in Australia. Said correspondence is attached hereto as Exhibit "B." WHEREFORE, this Honorable Court should grant Preliminary Objections, based on the above and dismiss the Petition for Contempt/Modification of the current Custody Order, and dismiss this matter for lack of jurisdiction. Respectfully submitted, McNEES WALLACE & NURICK LLC Dated: 10/3/14 By De ra D. Can I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor@mwn.com Attorneys for Defendant, Mrinalini Ponnambalam 4 v iNITIATING APPLICATION (Family Law) Filed in: ® Family Court of Australia ❑ Family Court of Western Australia ❑ Federal Circuit Court of Australia ❑ Other (specify) IMPORTANT: Information for respondents to the application is on page 12. Client ID File number Filed at Filed on COURT USE ONLY Court location Court date Court time Type of hearing FILED - 3 OCT 2014 26(9 - AVE & CHILDERS ST CANBERRA ACT 2600 (l - 20/ Part A: The orders sought 1. Type of orders sought (mark all boxes that apply) ® Children (parenting) ❑ Child support O Declaration MRINALINI PONNAMBAL.A I [Applicant - Wife] UTHAYASHANKER WIMALENDRAN [Respondent Husband] ❑ Financial (property and/or maintenance) ❑ Other (specify): Filed on behalf of: The Applicant Prepared by Ann Lesley Northcote Lawyer's code FAR3641 Name of law firm FARRAR GESINI DUNN Address for service in Australia GPO Box 2990 CANBERRA State ACT Postcode 2601 Email* DX 5700 CANBERRA Tel (02) 6257 6477 Fax* Attention * Please do not include email or fax addresses unless you are willing to receive documents from the Court and other parties in that way. Softdocs (070612 V1) Page 1 of 12 M:\Docs1209456\415755.docx 2. Final orders sought (State precisely and briefly the final orders sought by the applicant - give a number to each order sought) 1. That each of the parties have equal shared parental responsibility for the children Shivaan Wimalendran born 6 May 2005 and Tanisha Wimalendran born 7 March 2007. 2. That the children live with the Wife. 3. That the children spend time with and communicate with their father as follows: (a) With the father in the United States for the whole of the June/July holidays; (b) In Australia for 3 weeks of the December/January school holidays; (c) By Facetime/Skype for up to 10 minutes, 3 times per week before the children commence school; (d) By email. 4. That the Wife be permitted to remove the children from Australia for overseas holidays, including to Sri Lanka, so long as she provides the Husband with 14 days notice and provides itinerary and contact details. 5. That the Wife pay for the children's travel to and from the United States and the Husband pay for his travel to and from Australia. 3. Interim or procedural orders sought (These orders can only be sought in this form if you are seeking final orders as well; otherwise, leave blank. State precisely and briefly the orders sought - give a number to each order sought.) 1. That each of the parties have equal shared parental responsibility for the children Shivaan Wimalendran born 6 May 2005 and Tanisha Wimalendran born 7 March 2007. 2. That the children live with the Wife. 3. That the children spend time with and communicate with their father as follows: (a) In Australia for 3 weeks of the December/January school holidays; (b) By Facetime/Skype for up to 10 minutes, 3 times per week before the children commence school; Page 2 of 12 M:\Docs1209456\415755.docx 4. That the Wife be permitted to remove the children from Australia for overseas holidays, including to Sri Lanka, so long as she provides the Husband with 14 days notice and provides itinerary and contact details. 5. That the Wife pay for the children's travel to and from the United States and the Husband pay for his travel to and from Australia. Page 3of12 M:\Docs12094561415755.doex Part B: Details of the Parties Details of Applicant/s Applicant 1 4. Family name as used now S. Given names 6. Sex 7. Residential address (incl postcode) 8. Telephone number (home and mobile) 9. Date of birth (day / month / year) 10. Usual occupation 11. Mark box as applicable for each applicant 12. Description 13. Is an interpreter required? 14.*Is the applicant of Aboriginal and/or Torres Strait Islander origin? Applicant 2 PONNAMBALAM MRINALINI ❑ Male ® Female ❑ Male ❑ Female 46 Akame Circuit, O'Malley ACT 0407 830 777 26/10/1972 Medical Doctor ® present in Australia ® ordinarily resident in Australia ❑ an Australian citizen ❑ domiciled in Australia ❑ present in Australia ❑ ordinarily resident in Australia ❑ an Australian citizen ❑ domiciled in Australia ❑ husband/father ® wife/mother 0 party to a de facto relationship that has broken down O other (specify) 0 husband/father 0 wife/mother ❑ party to a de facto relationship that has broken down ❑ other (specify) ® No ❑ Yes If Yes, state language & dialect: ❑ No ❑ Yes If Yes, state language & dialect: ® No O Yes Aboriginal ❑ Yes Torres Strait Islander ❑ Yes Aboriginal and Torres Strait Islander ❑ No ❑ Yes Aboriginal El Yes Torres Strait Islander O Yes Aboriginal and Torres Strait Islander * You are not required to answer this question, but it will greatly assist the Court if you do. The information sought is being collected to assist the Court in planning and delivering client services. It is possible that you may be contacted to participate in a review of a particular aspect of the Court's services, although your right not to participate will be respected. The information you provide may be shared with researchers approved by the Court, and may be included in publications in statistical form in a way that does not identify you. Page 4 of 12 M:\Docs1209456\415755.docx Details of Respondent/s Respondent 1 15. Family name as used now 16. Given names 17. Sex 18. Residential address (incl postcode) 19. Date of birth (day / month / year) 20. Usual occupation 21. Mark box as applicable for each respondent 22. Description 23. Is an interpreter required? 24. * Is the respondent of Aboriginal and/or Torres Strait Islander origin? Respondent 2 WIMALENDRAN UTHAYASHANKER 1 Male ❑ Female ❑ Male ❑ Female 4129 Shoreline Circle, Apt 137 Virginia Beach, VA 23452 USA - -, Y •e � o aoa✓. etei e'$ M , ty. .&lita:§j'tf T R'1 kii Ai a p i• o o'a a s LCaaio :ta a g,C"`�'tT'' xt=„ zG Mrr bee ' iP�' p o IPV P F' MIPY. e ! SS 6�` daii'PSi4F 06/04/1972 Actuary ❑ present in Australia ❑ ordinarily resident in Australia ❑ an Australian citizen ❑ domiciled in Australia ❑ present in Australia ❑ ordinarily resident in Australia ❑ an Australian citizen ❑ domiciled in Australia ❑ husband/father ❑ wife/mother ❑ party to a de facto relationship that has broken down ❑ other (specify) • husband/father ❑ wife/mother ❑ party to a de facto relationship that has broken down ❑ other (specify) I No ❑ Yes ❑ No ❑ Yes If Yes, state language & dialect: If Yes, state language & dialect: CI No ■ No ❑ Yes Aboriginal 0 Yes Torres Strait Islander ❑ Yes Aboriginal and Torres Strait Islander ❑ Yes Aboriginal ❑ Yes Torres Strait Islander ❑ Yes Aboriginal and Torres Strait Islander * You are not required to answer this question, but it will greatly assist the Court if you do. The information sought is being collected to assist the Court in planning and delivering client services. It is possible that you may be contacted to participate in a review of a particular aspect of the Court's services, although your right not to participate will be respected. The information you provide may be shared with researchers approved by the Court, and may be included in publications in statistical form in a way that does not identify you. Page 5 of 12 M:\Docs\209456\415755. docx Part C: Relationship of Parties 25. Date parties commenced to live together (day / month / year) 26. Date of marriage (day / month / year) 27. Date of fmal separation (day / month / year) 28. Date of divorce (day / month / year) Part D: Children (Complete details for each child. If more space is required for extra children, attach an extra page) 29. Family name 30. Given names 31. Date of birth (day / month / year) 32. Sex 33. Mother's family name 34. Mother's given names 35. Father's family name 36. Father's given names 37. With whom does the child live? Child 1 Child 2 WIMALENDRAN or WIMALENDRAN Not applicable ►:/ 31/05/2004 or ❑ Not applicable 1/12/2008 or ❑ Not applicable or female Not applicable / female (Complete details for each child. If more space is required for extra children, attach an extra page) 29. Family name 30. Given names 31. Date of birth (day / month / year) 32. Sex 33. Mother's family name 34. Mother's given names 35. Father's family name 36. Father's given names 37. With whom does the child live? Child 1 Child 2 WIMALENDRAN WIMALENDRAN SHIVAAN TANISHA 06/05/2005 07/03/2007 female ❑ male female • male • I Ponnambalam Ponnambalam Mrinalini Mrinalini Wimalendran Wimalendran Uthayashanker Uthayashanker Mother As per Child 1 Page 6 of 12 M:1Docs1209456\415755.docx 38. Family name 39. Given names 40. Date of birth (day / month / year) 41. Sex 42. Mother's family name 43. Mother's given names 44. Father's family name 45. Father's given names 46. With whom does the child live? Child 3 Child 4 ❑ male ❑ female ❑ male 0 female Part E: For applications for parenting orders 47. Has the applicant obtained a certificate from a registered family dispute resolution practitioner? (Refer to section 60I of the Family Law Act 1975) 48. Has the applicant received advice from a family counsellor or a family dispute resolution practitioner about the services and options (including alternatives to court action) available in circumstances of abuse or violence? (Refer to section 60J of the Family Law Act 1975) ® No ❑ Yes If yes, attach a copy of the certificate to this application and go to Part F of this form. If no, to obtain an exemption from filing a certificate you must either complete and file the form Affidavit - Non -Filing of Family Dispute Resolution Certificate or include the factual basis for the exemption in the affidavit you file in support of any order you are seeking. ❑ No ❑ Yes Page 7 of 12 M:\Docs1209456\415755.docx Part F: Other court cases and orders Ongoing cases 49a. Are there any ongoing cases in this or any other court about family law, child support, family violence or abuse in relation to a child, or child welfare issues that involve any of the parties or children listed in this application? 49b. Court name and place 49c. Next Court date 49d. Names of parties 49e. State the nature of the orders sought (eg property settlement, parenting orders, child support) Existing orders, agreements or undertakings SOa. Are there any existing orders, agreements, parenting plans or undertakings to a court about family law, child support, family violence or abuse in relation to a child (including family violence orders which have applied to a child or a member of the child's family), or child welfare issues concerning any of the parties or children listed in this application? 50b. Court name and place 50c. Date 50d. Names of parties to the order, agreement, parenting plan or undertaking ❑ No ,� Yes If yes, provide the following details for each ongoing case. Court of Common Pleas of Cumberland County, Pennsylvania in the United States of America 8 October 2014 (see attached) Mrinalini Ponnambalam and Uthayashanker Wimalendran 1. Petition for Contempt of Court 2. Appeal against property orders (no date as yet) Existing orders, agreements or undertakings SOa. Are there any existing orders, agreements, parenting plans or undertakings to a court about family law, child support, family violence or abuse in relation to a child (including family violence orders which have applied to a child or a member of the child's family), or child welfare issues concerning any of the parties or children listed in this application? 50b. Court name and place 50c. Date 50d. Names of parties to the order, agreement, parenting plan or undertaking Page 8 of 12 M:\Docs\209456\415755.docx ❑ No 1 Yes If yes, either attach copies of any orders, agreements, parenting plans or undertakings or provide details below. Copy attached. Page 8 of 12 M:\Docs\209456\415755.docx Part G: For property and/or spouse/de facto partner maintenance applications If the parties were in a de facto relationship that has broken down, complete Part H 51. Have the parties entered into a financial agreement or a Part VIHAB Financial Agreement under the Family Law Act 1975 or under any relevant State or Territory legislation? 52. If either party has a superannuation interest, have the parties entered into a binding superannuation agreement in relation to that superannuation interest? 53. Is any party currently bankrupt or currently a debtor in bankruptcy proceedings started by either a creditor's petition or a debtor's petition or currently a debtor subject to a personal insolvency agreement? 54. Is there a proceeds of crime order or current forfeiture application in relation to any of the property of any of the parties? ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes If yes, attach a sealed copy of the order or application. Part H: De facto relationship jurisdiction — financial causes (subsection 4(1) of the Family Law Act 1975 defines de facto financial cause) Complete all the boxes below if relying on the Court's jurisdiction to make orders for the benefit of a party to a de facto relationship that has broken down. Entitlement to apply and geographic requirements 55a. Did your de facto relationship break down on or after 1 March 2009 or if a resident in South Australia on or after 1 July 2010? 55b. Is the period or the total of the periods of the de facto relationship at least two years? 55c. Is there a child of the de facto relationship? 55d. Has the applicant made substantial contributions and a failure to make an order or declaration would result in serious injustice to the applicant? ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Page 9 of 12 M:\Doos1209456\415 755. docx 55e. Is, or was, the relationship registered under a prescribed law of a State or Territory of Australia? 55f. Were both parties to the relationship ordinarily resident in one or more of the Australian Territories or New South Wales, Queensland, Victoria, Tasmania or South Australia for at least one third of the domestic relationship, or at the date the relationship broke down? 55g. Did the applicant make substantial contributions in one or more of the Australian Territories or New South Wales, Queensland, Victoria, Tasmania or South Australia? Part I: Cross -vested jurisdiction ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Complete only if relying on cross -vested jurisdiction. (Note: An affidavit must be filed - see Rule 4.06 of the Family Law Rules 2004) 56. If relying on a cross -vesting law, specify the Territory law relied on Part J: Lawyer's declaration 57. If the applicant is filing this application without a lawyer, this part need not be completed. However the applicant should obtain a copy of the information brochure Marriage, Families and Separation from Court staff when filing the application. If a lawyer is filing the application, then the lawyer must give the applicant a copy of the brochure and sign the following declaration. I gave the applicant(s) a copy of the Family Law Courts' brochure Marriage, Families and Separation. Signature of Lawyer Full name of Lawyer: Ann Lesley Northcote Date: 02 Sr- / ? Page 10 of 12 M,1D ocs12094 5 6\415 75 5. do cx Part K: Statement of Truth of the Contents of this document 58. Applicant 1 Applicant 2 1. 2. I believe that the facts of which I have personal knowledge are true, All other facts are true to the best of my knowledge, information and belief and the orders sought in this application are supported by evidence 1. 2. I believe that the facts of which I have personal knowledge are true. All other facts are true to the best of my knowledge, information and belief and the orders sought in this application are supported by evidence. 3. I am aware that I have a duty to the Court and to each other party to give full and frank disclosure — in a timely manner — of all information relevant to the issues in the case. 3. I am aware that I have a duty to the Court and to each other party to give full and frank disclosure — in a timely manner — of all information relevant to the issues in the case. I have read and understood this Statement of Truth (please tick) I have read and understood this Statement of Truth (please tick) ❑ Signature of Applicant 1 ❑ Signature of Applicant 2 Date: 25 / 09 /.2o/y( Date: / / Page 11 of 12 M:\D o x\2094 5 6\415 7 5 5. d o cx IMPORTANT NOTICE TO RESPONDENT(S) You should seek legal advice about this application. If you do not want the Court to make the orders sought in this application or if you want the Court to make other orders, YOU MUST: For proceedings in the Federal Circuit Court of Australia • file at the Court a response, an affidavit and other relevant documents - including, in financial matters, a Financial Statement • deliver a copy of the response, affidavit and other relevant documents to the applicant's address for service within 14 days, and • attend at the hearing. Please note: If you do not attend the hearing orders may be made in your absence. For proceedings in the Family Court of Australia • at least 7 days before the Court date shown on page one of this application, file at the court a Response to Initiating Application and in a financial case, a Financial Statement. These forms are available at any family law registry or at www.familylawcourts.gov.au * file an affidavit if interim or procedural orders are sought by either party. A form of affidavit in support of a response seeking or opposing interim parenting orders is available at any family law registry or on the Family Law Courts' website www.familylawcourts.gov.au • file other documents, as required, depending on the orders you seek (see Rules 4.18 of the Family Law Rules 2004) * serve on all other parties copies of the documents filed, at least 7 days before the Court date shown on page one of this application, and * attend at the hearing. Please note: If you do not attend the hearing orders may be made in your absence. Page 12 of 12 M:\Docs\209456\415755, docx UTHAYASHANKER : IN THE COURT OF COMMON PLEAS OF WIMALENDRAN : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — LAW MRINALINI PONNAMBALAM,: Defendant : NO. 09-1403 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideration of Plaintiffs Complaint for Custody, and Defendant's Petition for Emergency Relief, raising a relocation issue, with respect to the parties' children, Shivaan Wimalendran (d.o.b. May 6, 2005) and Tanisha Wimalendran (d.o.b. March 7, 2007), and following a hearing held on March 17, 2010, and based upon the court's view as to the best interests of the children under the circumstances, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, 'the mother, and her proposed relocation with the children to Newcastle, Australia, where she appears to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quality of life for Defendant and the children, (b) to be not motivated by a desire to frustrate The visitation rights of Plaintiff or to impede the development of a healthy relationship between the children and Plaintiff, and (c) that feasible arrangements can be made to ensure a continuing, meaningful relationship between the children and Plaintiff notwithstanding the relocation, the relocation is authorized. 3. Temporary or partial physical custody of the children shall be: , in Plaintiff, the father, at the following times: a. For six two-week periods each year, separated by approximately equal intervals, three of which shall occur near Plaintiffs residence in the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility of Defendant, the mother, and Defendant, the mother, having a right during such periods to exercise physical custody of the children for one 24-hour period of each such week; b. For up to six additional, noncontiguous weeks near Defendant's residence in Australia, at Plaintiff's expense and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shall permit Plaintiff to have contact with the children twice each week, utilizing a Skype or similar visual system, during her periods of physical custody; • 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such governmental documents as may be necessary to facilitate the children's relocation; 6. Defendant mother shall furnish to Plaintiffs counsel a copy of the written opinion denying her most recent visa application immediately upon its receipt, for such action as he deems appropriate in this court on behalf of Plaintiff; and 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. .Herschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff /Debra D. Cantor, Esq. 100 Pine Street P.O. Box 1166 "Harrisburg, PA 17108-1166 Attorney for Defendant Ccyzi.eS r -n aaszc., 3/t4/iv BY THE COURT, 4 esley Oler, 4, TRUE COPY.001$11 RECORD In Testimony whereof..) he1v Witekset Rife hand andthQsea of,seld'Gat�tat Re• This____d!y .A,�:� �p` ,, tory 0 c UTHAYASHANKER WIMALENDRAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1403 CIVIL ACTION LAW MRINALINI PONNAMBALAM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of September, 2014, upon consideration of the Custody matter, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire , the Conciliator, at 39 West Main Street, Mechanicsburg PA 17055 , on Wednesday, October 8, 2014 at 10:00 a.m., for a Pre -Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1LELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 Emailed to Father AFFIDAVIT Page 1 Filed in: El Family Court of Australia 0 Family Court of Western Australia 0 Federal Circuit Court of Australia 0 Other (specify) Filed on behalf of: MARK X IN THE BOX THAT APPLIES TO YOU 0 Husband/Father fEj Wife/Mother 0 Other (pacity) Name of person swearing this affidavit (SEE PART C) MRINALINI PONNAMBALAM Client ID File number Filed at Filed on - 3 OCT 2014 pg2.6 Ut & CHILDERS ST Court location CANBERRA ACT 2600 Court date 7 '41 Date of of swearing: caV / 9r j /4. APPLICANT 1 Family name as used now PONNAMBALAM Given Karnes MRINALINI APPLICANT 2 Family name as used now Given names RESPONDENT 1 Family name as used now WIMALENDRAN Given names UTHAYASHANKER RESPONDENT 2 Family name as used now Given names What is the contact address (address for service) in Australia for the party filing this affidavit? You do not have to give your residential address. You may give another address at which you are satisfied that you will receive documents. If you give a lawyers address. Include the name of the law firm. C/- Ann Northcote, Farrar Gesini Dunn 17-21 University Avenue Canberra State ACT Postcode 2601 Phone (02) 6257 6477 Fax* DX 5700 CANBERRA • Lawyers code FAR3641 Emall* " Please do not Include a fax or emall address unle Independent children's lawyer family name you are wIllIn calve doeu Given names n Court and other parties In that way. NOT APPLICABLE Firm name MADocs12094561415763.docx Page 2 What is your family name as used now? Your given names? PONNAMBALAM MRINALINI 0 Male ® Female Usual occupation Medical Doctor What is your address? You do not have to give your residential address. You may give another address at which you are satisfied that you will receive documents. 46 Akame Circuit 0' Malley State ACT Postcode 2606 Part D • Set out the facts divided into consecutively numbered paragraphs. Each paragraph should be confined to a distinct part of the subject matter. ■ Make sure that the page containing Part E is always the last page of the form. You and the witness to your affidavit must sign at the bottom of each page. 1. I am the Applicant. 2. I was married to the Respondent (hereinafter referred to as "Shane") from 31 May 2004 until our separation in 1 December 2008. 3. We have two children, Shivaan Wimalendran bom 6 May 2005 currently aged 9 ("Shivaan") and Tanisha Wimalendran born 7 March 2007 currently aged 7 ("Tanisha"). 4. After a defended hearing in 2010 Orders were made by the Court of Common Pleas of Cumberland County, Pennsylvania in the United States of America dated 19 March. Annexed hereto and marked with the letter "A" is a copy of those Orders. Those Orders permitted me to relocate with the children to Australia. The Order provided that I would move to Newcastle, Australia. However for reasons outlined further in this affidavit that did not occur. I informed the court that I was not moving directly to Australia but would have time in Sri Lanka first. I am a Sri Lankan citizen. 5. I therefore left the United States on or about 23 March 2010. Annexed hereto and marked with the letter "B" is a copy of a document signed by Shane permitting me to travel from the United States to Sri Lanka and then on to Australia. 6. The children and I lived in Sri Lanka from March 2010 to October 2011. While I was in Sri Lanka in 2011 Shane applied again to the US Courts for custody but withdrew when I arrived in Australia. 7. I am a medical doctor. The relevant New South Wales board lost my application and then found that the Newcastle job was not suitable for me as a foreign doctor in my first job working alone in a General Practice clinic in Newcastle. I therefore obtained a position in a hospital in Adelaide, South Australia. The children and I lived in Adelaide from October 2011 until January 2013. I then obtained a position in Canberra. a ure • •erson makin• this affidavit de•onent $'uhi if:f k'?i!':ti2":ist'-::.:n.:3 -,7;iWAiifv.kl. ±`:'SSf.�.S4me, SI • nature of witness �_'�.,,T^'e:�NC..iR�i�:' "�hitr$P.F�;ft :,e!i�i�=F.^vKS�i.':..11r �:/;q•n,3'T1r�+ta. v'-�r✓;L..iJ: gut :�..>.,.::Y1j��;�+....t M:\Docs1209456\415763.docx Page 3 8. Since February 2013 I have worked in a general practitioner clinic at Ochre Health which was initially located in Kaleen and since February 2014 is located at the health hub at the University of Canberra. 9. My work hours are 8.45 a.m. to 2.45 p.m. Shivaan and Tanisha both attend Canberra Boys Grammar. Boys Grammar takes girls up to year 2. Tanisha will attend Girls Grammar from 2015. They are both progressing well at school. They have extra curricular activities. Both do swimming, tennis and piano lessons. Shivaan does guitar and Tae Kwon Do. Tanisha does art and violin. They both attended Canberra Tamil School in Erindale on Saturday afternoons to learn to speak Tamil and they have Tamil cultural events. 10. I am resident in Australia under a 457 Temporary Work (Skilled) Visa (formally called Long Stay Business Visa). The children are also on the Visa. That Visa expires in October 2015 and I will apply for it to be renewed. I am part way through the 4 year requirement for general practitioner work prior to sitting for the FRACGP(GP specialising exam). I hold a Sri Lankan passport. The children hold American passports but are Sri Lankan citizens as well. 11. In summary, the Orders made in Pennsylvania provide Shane with 12 weeks contact per year, half in Australia and half in the USA in 6 sets and they are meant to be separated out by reasonably the same length of interval. Under those Orders I am to pay for all travel. In addition Shane may have contact not attached to the main contact. Shane has never sought to exercise the primary amount of contact and therefore not the secondary either. 12. The history of contact has been as follows: (a) We went to Sri Lanka in March 2010. In July 2010 we met Shane in Singapore for 2 weeks as he declined to come to Sri Lanka; (b) The children visited Shane in the USA for 2 weeks in December 2010 and 2 weeks in January 2011. In the middle the children and I had a holiday there. (c) The children and I travelled to the United States for 2 weeks in July 2011; (d) Shane travelled to Sri Lanka and visited the children there twice for 2 weeks each time in 2011; (e) Shane came to Adelaide for 2 weeks in December 2011; (f) I went to the USA with the children for 2 weeks in April 2012; (g) Shane came to Australia (Adelaide) for 2 weeks in June 2012; (h) I went to the USA with the children for 2 weeks in September 2012; (1) Shane came to Adelaide for 2 weeks in December 2012; (j) The children and I went to the USA for 2 weeks in January 2013; zmA94,14.1-, $ nature erson makin this affidavit de onent i• SI nature of witness -..Pnr),7Fir7.f i5r,17.1.<1 rk5,11.5a t M: Mocs12094561415763.docx Page 4 (k) Shane came to Australia for 2 weeks in April 2013 and took them to Sydney where he has cousins; (I) The children and I went to the USA for 2 weeks in September 2013; (m) The children and I went to the USA for 2 weeks in January 2014; (n) Shane came from the USA to Canberra for 2 weeks in April 2014.. 13. I visited my family in Sri Lanka in July 2013. 14. In June this year Shane became upset when I indicated to him that I was taking the children to Sri Lanka in July 2014. The children have Sri Lankan citizenship as well. He filed an application in the Pennsylvania Courts (Annexed hereto and marked with the letter "C" is a copy of Shane's petition.) 15. I received this document by mail in September 2014. I had received a communication from the Court in Pennsylvania about counselling in July but informed them I had not been served. While it is headed Contempt of Court on the last page it seeks that I not be permitted to go anywhere outside Australia without his consent and that the Orders be varied such that his visitation with the children occurs during the USA summer. 16. The children were due to visit Shane during the forthcoming September/October school holidays. Shivaan's passport would have less than 6 months validity when we arrived. I sought Shane's assistance to obtain a new passport for Shivaan before we were to arrive. I cannot obtain a passport in Canberra and have to travel to Sydney. I needed documents from Shane being a form DS -3053 since as a parent, he will not be present at the child's passport application centre. Shane has now sent me all the documents bar one (the photocopy of the ID that accompanied the form). He indicated by email that I should get a new passport for Shivaan while we were in the USA. 17. I am very concerned that in the short period of time that we will be in the USA that I would not be able to obtain a new passport. I would have to rebook flights due to delay in the issuing of a passport and the children would miss school and I would be trapped in the USA. In addition I am very concerned that Shane has filed an application that says it is for contempt of court. I have instructed my lawyers in the USA to defend me and to seek that they do not exercise jurisdiction anymore. Shane no longer lives in Pennsylvania but in Virginia. Neither of us are therefore resident or connected to the county of Pennsylvania save for the fact that it was the place that our original hearing occurred as we had lived there when we were married. That court has also issued Orders with respect to divorce (property component) that he has appealed. On the basis of legal advise I have cross appealed the property component of the Orders. The divorce (property) issue is separate to the children's aspect. ature of arson makin thls affidavit de onent 4:tege7i4V7.172.4.7.7arelMZEMINNEting:2,31..,,,,,,f,,,,VOLTFATA.,471*.LYZWN,,,,m,44;.,1,74€rax-r."),V,Auw„:44.4b,a,,,,,,,,r,war,MMt MADocsk209456\415763.docx Page 6 18. I seek that the Orders be varied so that they are more in line with Australian school holidays and in particular with the seasons. 19. Grammar school has 3 weeks holiday in the June/July break. That is summer in Virginia. I would seek that the children have 3 weeks in the June/July break, 20. As it is summer in the December/January school holidays, I would seek that Shane have contact here in Australia for 3 to 4 weeks which would allow me to have a 2 week holiday with them. I would like to retain one of the school holidays (April/October) which are of only 2 weeks duration to continue to visit my family in Sri Lanka and Shane could have the other holiday here. 21. Shane has Skype contact with the children every school day while I drive them to school and Skype at night sometimes. He also has Skype contact on weekends. 22. In relation to Shane's concerns about my taking the children to Sri Lanka, while it is correct my father was murdered during the civil conflict there 13 years ago, the situation is vastly different now. My brother is no longer an MP although he remains active in politics. When in Sri Lanka, we primarily stay with my mother who lives in Colombo. We have visited and stayed with my brother in Jaffna where Shane's aunt also lives. 23. My marriage was an arranged one. I was subject to domestic violence during the marriage. For example, I was punched in the shoulder while 3 months pregnant with Shivaan and kicked while pregnant with Tanisha. I had wine thrown in my face on an occasion. The incident which lead to separation was where Shane punched me in the mouth after a marriage counselling session which broke my tooth. I was taken to hospital and the hospital contacted the police. I obtained a Protection Order which was extended until I left the USA. I seek that the requirement for a section 601 Certificate be dispensed with on the basis of the geographical distance making the logistics of counselling difficult but primarily due to violence. I also seek that it be dispensed with on the basis that of urgency in that Shane has commenced proceedings against me for the fourth time and they are returnable on 8 October. I swear the contents of this affidavit are true. Place eweieaw Date 2ri ,/. MADacs1209456\415763.docx SI nature of person main.this affidavit deponent) Signature of witness ANN LESLEy Aro TH Barrister and Solicitor of the ACT Supreme Court Full name of witness (please print) O Justice of the Peace 0 Lawyer This affidavit was prepared by ID Notary public O deponentfs El lawyer Page 6 Ann Lesley Northcote Farrar GesIni Dunn FAR3641 PRINT NAME AND LAWYER'S CODE WI:1D=1209456 1415763.docx This and the following g pages is the annexure marked "A" referred to in the Affidavit of Mrinalini Ponnambalam sworn before me on Ann Northcote Barrister & Solicitor of the ACT Supreme Court M:\Docs\209456\419051.docx r`� UTHAYASHANKER WIMALENDRAN Plaintiff 1;N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW MRINALIM PONNAMBALAM, : , Defendant : NO. 09-1403 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideration of Plaintiff's Complaint for Custody, and Defendant's Petition for Emergency Relief, raising a relocation issue, with respect to the parties' children, Shivaan Wimalendran (d.o.b. May 6, 2005) and Tanisha Wimalendran (d.o.b. March 7, 2007), and following a hearing held on March 17, 2010, and based upon the court's view as to the best interests of the children under the circumstances, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, 'the mother, and her proposed relocation with the children to Newcastle, Australia, where she appears to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quality of life for Defendant and the children, (b) to be not motivated by a desire to frustrate ,the visitation rights of Plaintiff or to impede the development of a healthy relationship betweenthe children and Plaintiff, and (c) that feasible arrangements can be made to ensure a continuing, meaningful relationship between the children and Plaintiff notwithstanding the relocation, the relocation is authorized. • 3. Temporary or partial physical custody of the children shall be' in Plaintiff, the father, at the following times: a. For six two-week periods each year, separated by approximately equal intervals, three of which shall occur near Plaintiff's residence in the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility of Defendant, the mother, and Defendant, the mother, having a right during such periods to exercise Pcs a.. physical custody of the children for one 24-hour period of each such week; b. For up to six additional, noncontiguous weeks near Defendant's residence in Australia, at Plaintiff's expense and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shall permit Plaintiff to have contact with the children twice each week, utilizing a Skype or similar visual system, during her periods of physical custody; 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such governmental documents as may be necessary to facilitate the children's relocation; 6. Defendant mother shall furnish to Plaintiff's counsel a copy of the written opinion denying her most recent visa application immediately upon its receipt, for such action as he deems appropriate in this court on behalf of Plaintiff; and 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent, r ./ Herschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff ,X.)ebra D. Cantor, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant eori£,r S naiC 3/i9//v BY THE COURT, r•• esley O TRUE COPY, OR In Tbstlmony whenevt,.l and this M RECORD untb\set rz y hand a 0 0 B This and the following i pages is the annexure marked "B" referred to in the Affidavit of Mrinalini Ponnambalam sworn before me on Aiw Ann Northcote Barrister & Solicitor of the ACT Supreme Court M:\Docs\209456\419051.docx 6A 0 HERSCHEL LOCK EQ 717 288 6288 Match , 2010 To Whom It May Concern: 08/28/10 02'44pm P. eml. I, Uthayashanker Wimalendran, am the natural father of Shivaan Wimalendran and Tanisha Wimalendran, I hereby authorize Mrinalini Ponnambalam to travel with our chjidren from the United States to Sri Lanka and then on to Australia. Dated: 31231,0 COMMONWEALTH OF PENNSYLVANIA COUNTY OFa zey. ankerWimatendrarl Dated: O3/. gleeto SS: • .cl On this, the 3'iifay of March, 2010, before me, the undersigned officer, personally appeared Uthayashanker WASmalendran, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. !n WITNESS WHEREOF, I have hereunto set my hand and seal. Na ary PubII COMMONWEALTH OF PENNSYLVANIA NOTARIA SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 611 This and the following 3-3 pages is the annexure marked "C" referred to in the Affidavit of Mrinalini Ponnambalam sworn before me on lfrP" Ann Northcote Barrister & Solicitor of the ACT Supreme Court NA:\Docs\204456\419051.docx C c UTHAYASHANKER WIMALENDRAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-1403 MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW ' Defendant : IN CUSTODY Petition: Contempt of Court — Custody AND NOW, Plaintiff, Uthayashanker Wimalendran, files this Petition of Contempt of Court Order of Custody, and in support avers the following: 1. Plaintiff is Uthyashanker Wimalendran, Father, who currently resides at 4129 Shoreline Circle, Virginia Beach, VA 23452. 2. Plaintiff is Mrinalini Ponnambalam, Mother, who currently resides at 46 Akame Circuit, O'Malley, ACT, Australia, 2606. 3. The parties hereto are the parents of the following minor children: Shivaan Wirnalendran, Date of Birth May 6, 2005 US Citizen Tanisha Wimalendran, Date of Birth March 7, 2007 US Citizen 4. On March 19, 2010, this honorable Court entered an Order of Custody, granting the parties hereto joint legal custody of the minor children, granting Wife primary physical custody, and granting Husband temporary or partial physical custody. A true and correct copy of this Order is Marked Exhibit "A," attached hereto, and made part hereof, 5. At the hearing on March 17, 2010, Wife testified to the following: a. She was offered a General Practitioner job with Country Doctors in Australia paying equivalent of $175,000 USD plus a back -dated pension stipend of $100,000 per year after seven years of employment. (Transcript, p. 126, 1. 10-14, attached hereto and made part hereof as Exhibit "B"); 1 C \3 b. She had not practiced as a physician for fiveyears prior to the dates of this hearing (Transcript, p. 1321.18-21, attached hereto and made part hereof as Exhibit "C"); c. She testified that her move to Australia would be in the best interest of the parties' children because she would be able to work and the children would have a better quality of life (Transcript, p. 150, 1.6-16, attached hereto and made part hereof as Exhibit "D"); d. She testified that she was willing to bring the children to the United States to visit Plaintiff for four weeks (Transcript, p. 154, 1.4-7, attached hereto and made part hereof as Exhibit "E"); e. She testified that the children would have in, Australia, "a very good quality of life with ...very good schools, very good extracurricular activities" (Transcript, p. 154, 1. 13-15, attached hereto and made part hereof as Exhibit "E"); f. She testified that she would be "able to give them a good quality of life plus save for the future" (Transcript, p. 154, 1. 15-16, attached hereto and made part hereof as Exhibit "E"); 6. At the time of March 17, 2010, hearing, Defendant claimed she had been denied a visa to stay in the United States and was compelled to leave the country on or March 28, 2010. 7. Defendant left the country with the parties' minor children or about March 28, 2010. Furthermore, it took her more than 18 months to move to Australia. 8. It is reasonable believed and therefore averred that Defendant upon joint application with the Plaintiff would have received "Green Card" or Permanent resident ship in the US. 2 Furthermore, Plaintiff's request for joint application was turned down by the Defendant and Plaintiff's sole application was approved for "Green Card" or Permanent Resident ship in 2012. 9. It is reasonably believed, and therefore averred, that at this time the Defendant yet to secure a permanent resident ship for the children in Australia. Furthermore, Defendant continued to refuse to notify the Plaintiff of the status of the children's immigration status in Australia and the time frame it will take to obtain one. 9. Dr. Shinevold testified at the March 17, 2010, hearing, the relevant testimony being as follows: a. A stressor affecting the Plaintiff was Defendant's inability to find employment commensurate with her education in the United States despite her assuring him that she would not have an issue practicing in the United States (Transcript, p. 19,1.1-6, attached hereto and made part hereof as Exhibit "F"); b. Plaintiff, at the time of interview with him alleged and provided me with a binder here of issues and concerns he had. He described her taking the children to places there was active terror zones in I believe in Srilanka, but maybe some other countries as well, that when he would express concern about the children's safety that she would not listen. (Transcript, p. 19,1. 17-23, attached hereto and made part hereof as Exhibit "F"); c. Plaintiff had, at the time of the hearing, a close and loving relationship with his children, and that his children do enjoy their time with their dad, and so it is important to maintain and nurture that relationship as much as possible. (States (Transcript, p. 33,1.21-24, attached hereto and made part hereof as Exhibit "0"); d. In response to a question by the Court ("if she [the Defendant] would be allowed to reenter the country, would be (sic) mother could come and spend and extended period of time here is Pennsylvania?"), Dr. Shenvold answered "Oh, of course. I'm sorry. I didn't know that was an option." (Transcript, p. 34,1.25, p. 35,1.1-4, attached hereto and made part hereof as Exhibit "H"); 3 C16 e, The preference is for all the parties to live near enough to one another that they can have a similar schedule to the proceeding the order of March 19, 2010 because it is important, given the ages and development of the children, that they have regular contact with each of their parents if the goal is to maintain and nurture the relationship that they have [with their parents] (Transcript, p. 37,1.1-9, attached hereto and made part hereof as Exhibit f. I think the children were older I would recommend long periods of time with their dad over the summer or the non -school year because, I guess, depending on what part of the country they might have different holidays and school arrangements, but during the non - school months. (Transcript, p. 34,1.3-8, attached hereto and made part hereof as Exhibit GGTP) ). J f g. I have no doubt that they enjoy their relationship with their dad. (Transcript, p. 51,1.8-9, attached hereto and made part hereof as Exhibit "K"); 10. Defendant represented to Plaintiff that, on or above May 15, 2014, she will not be bringing the children for their visitation with their father at end of the school holidays in June, 27, 2014. Furthermore, Plaintiff had visited the children in April, 2014 for two weeks and the Plaintiff had expected the Defendant to bring the children in July of 2014 during the children's school break. Instead, she represented to Plaintiff that she will be taking the children to Srilanka for three weeks. 11. Furthermore, she had notified Plaintiff that she will be taking the children to Srilanka ijigy of every year. Defendant had already taken the children to Srilanka on or about July 2013 without the father's consent or his concerns about the volatile situation prevails in Srilanka.. 12. Defendant's actions further deprive both parties' minor children from spending valuable time with their only known father during the summer time in the US. 4 11. Defendants refusals are consistent with previous visitations request by the Plaintiff for her to bring the children to the US as per the Honorable Court's order issued on March 19, 2010. 12. Plaintiff had previously requested a set time table, so the Plaintiff and his children could have a.consistent time interval of visitation, so the father and the children could enjoy their time together and continue to nurture the set formed relationship. Plaintiffs request for schedule of custody visitation was ignored by the Defendant and she is using her physical custody of the children to unilaterally make her own decision in regard to when she would bring the children's for their visitation with the Plaintiff. 13. Defendant had multiple times interfered while having Plaintiff visiting with his children, including showing up Plaintiff residence without prior warning and upsetting the children. Furthermore, she had unjustifiably demanded more time with the children while Plaintiff exercising his visitation with his children and made unjustifiable threats against the Plaintiff. 14. Defendant had represented in child support hearing and in the Divorce Masters hearing that she spends in excess of $33,000-$36,000 USD in transportation fees for the children and Plaintiff. (Divorce Masters Partial Report, Exhibit "L"); 15. Defendant collects child support in the amount of $884.00 USD per month. Furthermore, Husband spends in excess of $2500.00 USD in expenses per trip while exercising his visitation rights with his children. Defendant had failed to declare in excess of $1,000,000 USD in Child Support income in previous years in such a manner that is financially interfered with Plaintiff's visitation rights. 16. Furthermore, Defendant lives in a lavish 1.4 million dollar house in Canberra, Australia and in multiple occasions travelled outside of Australia to visit her friends and extended family members. However, she never brought the children for visitation with the father minimal 3 times to the USA as per Honorable Court's Order issued on March 19, 2010. (Hereto and made part hereof as Exhibit "M", Transcript, p. 151-152, attached hereto and made part hereof as Exhibit "N");) 5 US' 16. Plaintiff maintains a reasonable fear for the children's safety while Defendant taking the children to Srilanka, and therefore believes that it is dangerous for the Defendant mother to take the children to that country. 17. It is reasonably believed, and therefore averred; that Defendant's immediate family members are engaged in political radicalism in Srilanka. 18. It is reasonably believed, and therefore averred; that Defendant's immediate and various family members came under intimidation, harassment and death threats by widely believed to be government forces. (Attached hereto and made part hereof as Exhibit "0"); 18. It is reasonably believed, and therefore averred, that just prior to Defendant's visit to Srilanka in July of 2013 and where the children have temporally resided, four unidentified masked men had surveyed the house and warned the occupants. (Attached hereto and made part hereof as Exhibit "P"); 18. Furthermore, Defendant was notified of the travel warnings posted by the Australian Travel board to Australian residents travelling to Srilanka. (Attached hereto and made part hereof as Exhibit "Q"); 19. Defendant unreasonably refuses to acknowledge Plaintiff's reasonable fear of his children's safety and she continues to plan traveling to Srilanka with them. Furthermore, Defendant's actions are in violation of Plaintiff's joint legal custody of the children, which was granted to him by the Honorable Court on March 19, 2010. 20. Plaintiffs continue to hold a loving and caring relationship with his children while residing in the USA with frequent communication via Skype and telephonically, and exercising his physical visitation in Australia as financially possible. 6 19, Defendant unreasonably and without justification refuses to comply with this Honorable Court's Order by precluding Plaintiff from his scheduled partial physical custody of the children at the end of June, 2014. 20, Plaintiff believes, and therefore avers, that Defendant is using her primary physical custody of the children in a manner detrimental to Plaintiff's and inconsistent with law. 21. Plaintiff sort concurrence from the Defendant's counsel. WHEREFORE, Plaintiff prays this Honorable Court to enter an order in such a manner that would allow the Plaintiff to exercise his visitation with his children in the US during the summer, and issue and order which would preclude the Defendant from taking the children outside of Australia without prior consent from the Plaintiff. Dated: June 1, 2014 Respectfully Submitted, Uthayashanker Wimalendran, Pro Se 4129 Shoreline Circle, #137 Virginia Beach, VA 23452 (757).463 6865 Shane_wimalendran@hotmail.com 7 Exhibit A HERSCHEL LOCK ESQ 717 298 6288 08/19/10 05s52Psm p. 001 UThAYASIi.ANUR : 1N THE COURT OF COMMON PLEAS OF W1MA.LENDRAiN : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CXVIL ACTION — LAW MRtNALTN1 PONNAMBALAM, iaefendant : NO, 09-1403 CXVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideration of Plaintiff's Complaint for Custody, • and Defendant's Petition for, Emergency Rolief., raising a relocation issue, with respect •to.the parties' childreh, Shivaau Wirnalendren (d.o.b. May 6, 2005) and Tanisha Winnalendran (d,o.b. March,7; 2007), grid fallowing a hearing held on March 17, 2010, and based upon the court's view as to 'the best interests of the children under the circumstances, It is ordered and directed as follows; 1. Legal custody of the children. shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the mother, and her proposed relocation with the children to Newcastle, Australia; • where she appears to have a reasonable opportunity for employment as a physician, being .found (a) to be likely to significantly improve the quality of life for Defendant and the' children, (b) to. be not motivated by a desire to frustrate the visitation. rights of Plaintiff or to impede the development of a hgalthy relationship between the children and Plaintiff, and .(c) that feasible arrangements can be made to ensure a continuing, meaningful relationship , between the children and Plain4$' F notwithstanding the relocation, the relocation is authorized. 3. Temporary or partial physical custody of the children shall -.. in Plaintiff, the father, at the following times: t- i a. For six two-week periods• each year, separated by 5 approximately equal, intervals, three of which shall occur near Plaintiff's residence in the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility .of Defendant, the mother, and' Defendant, the mother, having a right during such periods to exercise 011£ Ido 614111401QZ can HERSCHEL LOCK ESQ 79.7 2S9 E289 08/19/9.0 0S,E2pm P. ze2 ✓ r . physical custody of the children for one 24 -Dour period of each such week; b. Poi up• to six additional. noncontiguous weeks near 1efendant's residence in Australia, at Plaintiff's expense and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother than permit Plaintiff to have contact with tbo children write each week, utilizing a Stcype or similar visual system, during her periods of physical custody; 5. The children's passports skull be provided forthwith to Defendant mother and Plaintiff father shall execute such / governmental documents as may be necessary to facilitate the children's relocation; '6. Defendant mother shall 'Amish to Plaintiffs counsel a copy of the written: opinion denying her most recent visa application immediately upon its receipt, iibr such, action as be deems appropriate in this court on behalf of Plaintiff; and 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. Herschel Lock, Esq. 3107 North Front Street 1 antsbur<g, PA 17110 • Attorney for Plaintiff . Debra D. Cantor, Esq. 100 Pine Street P.O. Sox 1166 Harrisburg, PA 17108-1166 Attorney for Defendant 13Y THE COU1.T r.wesicy O1er, di;., J Exhibit B the job, and since then I have been in contact with them by . . 2 telephone finding out details, et cetera. THE COURT: And what is the date of that? 4 ' THE WITNESS: This is the 19th of February, 5 2010. • 6 THE'COURT: Any other questions, Ms. Cantor? 7 BY M5. CANTOR: 8 Q Would you be able to gain admission to 9 practice Medicine in Australia? 10 A Yes. I have already got what is called the 11 advance certification from the Australian Medical Counsel by 12 my UK qualification and my UK jobs, and what that means is 13 that after one year of supervised work in Australia, I will 14 gain full registration with the Australian Medical Counsel. 15 Q If you accept this job with Country Doctors, 16 where would you reside, likely reside? 17 A I would reside in a place called New Castle, 18 which As an hour and a half drive from Sydney. 19 Q And what type of place is New Castle? 20 A It is the second largest city. It is a 21 multi -cultural city. It's not as congested as a big city 22 like Sydney. It has got a lot of parks,'libraries, art 23 galleries, museums. It has got a lot of wildlife 24 sanctuaries, beaches. It is oneof the coastal towns. 25 Q Would you live in an apartment, a town home 126 c_Ds Exhibit C 1 visitor's visa for Canada fromSri Lanka? 2 A ' From.Sri Lanka, 1 have' applied for visas to 3 several countries, and I have 4-otten the visas to Canada as 4 well in the past.. 5 Q Are you able to go to the Sri Lankan embassy 6 . or the Canadian Embassy and obtain a visitors visa now? 7 A. What I understand is because 1 am out of 8 status here, 1 cannot apply for any sort of visa because I 9 don't have status here in the first place right now. 10 Q Okay. Blit you can obtain a Canadian vistor's 11 visa in Sri Lanka? 12 A I.would imagine so, 13 Q Now, I heard, as you testified about your 14 educational background, and I guess they do it differently 15 in the United Kingdom, you have a 5 year university medical 16 college combination? 17 18 A That's right. Okay. Now, am Iunderstanding am.I 19 correct in understanding that you have not practiced as a 20 physician for at least 5 years? 21 A Yes, in the last 5 years. 22 Q Where was the last place you worked as a 23 physician? 24 A In Malaysia. 25 Q And that was? 132 Exhibit D 1 very large interest in.the children's activities, yes. 2 Q And you are saying despite what Dr. Shienvold 3 wrote before separation he didn't show much of an interest? 4 Is that what you're saying? 5 A That's what I am saying. 6 Q Is your request to move to relocate to 7 Australia with the children made so ydu can practice 8 medicine or is it made for the best interests of the 9 children? 10 A It is in the best interests of the children, 11 and one of that is the advantage of me being able to support 12 us. 13 Q Wait a second. What is the best interests of 14 the children about the move? 15 A Well, I would be able to work. They'll be 16 able to have a better quality of life. They have extended 17 family. When they were there in November of 2008 they had a 18 really good time with all of the relatives. My husband's 19 cousins came and visited. They came for the wedding. 20 Q You and your husband own your home in this 21 country? 22 A Yes, 23 Q Do each of you have your own car? 24 A Yes. .25 Q You paid for the car yourself, cash, didn't 150 Exhibit E 1 children, that move, versus seeing dad, being able to see 2 dad personally on a regular basis? 3 A They will always talk to him and I will 4 whenever my vacation time comes, I'm willing to bring them 5 ' over here for four weeks, and for them to visit with him. 6 He's got time either he can take when we're here or we can 7 come over there. I mean he can see them. . 8 Q Okay. The question is, other than the fact 9 that you try to let him see the children, is there any —.if 10 you can't come up with anything that counterbalances in your 11 • opinion them seeing their dad on a regular basis, that is 12 fine. 13 A They will have a very good quality of life 14 with, you know, very good schools, very good extracurricular 15 activities. I will be able to give them a good quality of 16 life plus save for the future, and they'll have all of their 17 extended family interactions as well. 18 Q Do you live in the same neighborhood now? 19 A Yes, we do. 20 Q Is your mortgage paid up to date? ,21 A I hope so. 22 Q Are you in the Cumberland Valley School 23 District? 24 A Yes. 25 Q Okay. They have a good quality of life here, 154 cS\ Exhibit F c3a c, 1 Another stressor to him was mom's .inability 2 to find employment' commensurate with her education in the 3 United States. He claimed, that during the initial I guess 4 courtship or early stages prior to their marriage that she 5 assured him that she would not have an issue practicing as a 6 physician in the United States. 7 Q In relation to his criticisms of Mrin as a 8 parent, did he categorize to you that he considered her to 9 be harsh and punitive :towards the children? 10 A ..Yes, he said she had a tendency to behave 11 that way on occasion.' I don't believe he indicated that it• 12 was always the case, that she was consistently harsh and 13 punitive, but that on occasion he felt her behavior was too 14 harsh for the children. .15 •.Q And did he also allege that she had placed 16 the children in dangerous or deadly situations? 17 A . Yes. When he was discussing.-- and he cammi d .d....nie jd h a h - r - - e. ' _ o c r s - 19 had. He described her taking the children to places where 20 there was active terror zones in 1 believe Sri Lanka, but 21 maybe some other countries as, well, that when he would 22 express concern about the children's safety that she would 23 not listen. • 24 Q And .did you investigate these allegations 25 through the evaluation process? 19 c_33 Exhibit G 1 frequent contact with their father. Obviously that is the 2 ideal. 3 However, you know, it depends on the 4 situation, the. ability of the parties tO relocate, where and 5 when, and the I guess financial means for visitation. 6 Given -- you know, given the age of the childrewthey 7 certainly can't travel. unaccompanied by an adult. So it. 8 would require .a substantial financial outlet for the two of 9 them to travel back and.forth. 10 If, you ]now, frequent visits aren't -- 11 regular visits aren't possible, I recommended frequent 12. contact through phone calls, you know, visits whenever 13 possible. You know, there are plenty of families that I 14 work with that use videoconferencing such as Skype, I 15 believe it is called, to make sure that Shane is still a 16 presence in the children's lives as much.as possible because 17 obviously my recommendation for Mrin is not indicative of 18 the -- trivializing the importance of dad's relationship 19 with the children and the importance of that. 20 I certainly think that it was demonstrated 21 through this evaluation that dad also has a close and loving. 22 relationship with his children, and that his children do .23 enjoy their time with their dad, and so.it is important to 24 maintain and nurture that relationship as much as possible. 25 THE COURT: If the mother does leave the 33 CS Exhibit H 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE WITNESS: It's difficult. I think if the 4 children were older 1 would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non -school months. 9 You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which -- in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended tit r v from their mother. • 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's 22 there as long as they can still have contact with their mom. 23 BY MS. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to reenter the country, 34 1 would be mother could qome and spend an extended period of 2 time here in Pennsylvania? 3 A Oh, of course. I'm sorry. I didntt know 4 that was an option. 5 Q Well', it is not right now but... 6 A Okay. Yes, but that is 'certainly the case, 7 and then as I said earlier, once the children, you know, are 8 a few years older, you know, five and seven, 'that range, 9 they can certainly tolerate the extended visits with the dad 10 at that point, if they do, in fact, live in distant parts of 11 the world from one another. 12 Q Now, in your recommendations -- in both of 13 your recommendations you focus a lot on Mrin's role as the 14 primary physical custodian of these children. Can you talk 15 a little bit more about the impact -- the development -- the. 16 impact on their development should they be separated from . 17 her for long periods of time? A call_ only spepk in. 19 'potential obviously. 20 Q Sure. 21 A Children's primary attachments and primary 22 caretakers are the most critical people in their lives, 23 .certainly in the early years, and even through many of the 24 formative years of schooling, and at this age they 'don't 25 have the maturity or emotional readiness to really tolerate • 35 ' c5s Exhibit 1 1 Obviously the preference for all of this is 2 for the parties to live near enough to one another that they 3 can have a similar schedule to the one that they have now 4 or at least near enough to one another that they could have 5 a comparable schedule to the one they have now because it is 6 important, given the ages and developmental levels of the 7 children, that they haveregUlar contact with each of their 8 parents if the goal is. to maintain and nurture the 9 relationships that they have, and there'is nothing in my 10 evaluation that makes me believe or gives me the opinion 11 that dad should not.be a regular part of their lives, So it 12 is just -- it is a very unfortunate situation that we are 13 faced with. 14 MS. CANTOR: I think that's all I have. 15 THE COURT: Okay. Let's take about a five 16 minute recess, and then we will resume. 17 . (A recess was taken at 10:46 a.m., and court 18 resumed at11:00 a.m.) 19 AFTER RECESS 20 THE COURT: Mr, Lock. 21 MR. LOCK: Thank you. 22 CROSS :EXAMINATION 23 BY MR. LOCK: 24 Q Dr. Shienvold, I am going to address first 25 Defendant's Exhibit 2. That is your March 15th addendum to 37 ct4 C Exhibit J 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE'WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7might have different holidays and school arrangements, but 8 during the non -school months. 9 You know, the children have never been away 10 from their mom for more 'than a few days. I believe there 11 might have been one trip in which -- in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the other child home. . That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended 8jaram.e.from their mother. 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have.a majority of the time while he's .22 there as long as they can still have contact with their mom. 23 BY MS. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to reenter the country, 34 co- Exhibit K c.1_ 1 children's relationship with that parent. 2 Q I was taken because the language you used. is 3 different than the language Igenera11y see. When you 4 referred in your.addendut to -- you stated that the children _5- • had a happy -- were happy and joyful. You used the word 6 happy and joyful around their father. I take it that speaks 7 well of their relationship? . 8 A 1 have no doubts that they enjoy their 9 relationship with their dad. 10 Q You knoW, I want to address now, if I may, 11 the custody evaluation. 12 A Okay. 13 Q Okay. Now, the date on that is February 24th 14 of this year? 15 A Correct. 16 Q Between the -- strike that. .You interviewed 17 both Mrin and Shane in July and August of 2009? A IlAWPTr99t .. ... 19 Q When did you give them the test, if you know? 20 A I do. Dad took the test on August 18th, 21 2009. He took the MMPI, the Stazi he took on August 25th, 22 2009. Mom took the MMPI August 7th, 2009, and the Stazi • 23 July 23rd, 2009. 24 Q Did you have any additional interviews with 25 them since the July and August interviews? 53. Exhibit L cJks- STIPULATIONS At the time of the hearing, before testimony began, husband and wife's counsel placed certain stipulations on the record relating to the identification and value of assets. Those stipulations have been transcribed and are made part of this report. FINDINGS OF FACT 1. The parties were marded on May 31, 2004 and separated on December 1, 2008. This is the first marriage for both parties.' 2. The parties are the natural parents of two minor children. Wife has primary physical custody of the children; however, husband has partial custody rights pursuant to a court order entered by Judge Oler on March 19, 2010, allowing husband three two-week periods with the children in Australia and three two- week periods with the children in the United States. Wife is charged with paying all of the transportation costs for husband and the children, which cost wife approximately $33,000.00 to $36,000.00 annually. 3. Wife is 41 years of age and resides at 46 Akame Circuit, O'Malley, Australia, 2606 where she lives with the children. Wife, through the course of pursuing her education, has obtained a medical degree, having been schooled in the United Kingdom, the United States, and Australia. She is currently working in a clinic where she makes approximately $53,000.00 net per year. Wife also has income front rental properties in Asia and the United States, and including the rental income and using a net number, wife's total monthly net income is $7,704.00. 4. Husband is 41 years of age and resides at 4129 Shore Line Circle, Virginia Beach, Virginia. Husband has a Bachelor's degree in mathematics and has studied in Canada and the United States. He is currently working in an actuarial position with a company in Virginia and he stated that he makes around $75,000.00 gross per year. After paying his child support ($900.00 monthly) and taxes, he says that he nets around $2,000.00 per month: 5. Wife is a citizen of Sri Lanka and husband is a citizen of Canada. 6. Neither party has any health issues affecting their ability to carry out their employment responsibilities. 7. Medical insurance coverage is not an issue for either of the parties. 2 CLA. Exhibit M SALES HISTORY REPORT 46 Akame Circuit O'Malley, ACT, 2606 pft( pelt:4,4 1403m2 Sales History Ie Advlsed Safe Date Sale Price Sale Type' • .. . .. * ' . ••• . \ '' .• ' . • ' ''' '' • • - .. - '' ' ' " ericy '•• • - -.34ter# 01/0212013 $1,400,000 Full Property Transfer, Land And Government Bentham Property 866 Improvement Consultants 02/0512007 $630,000 Serviced Land/Floor Level Transfer Government No Agency Listed State Government Copyright Notice and Disclaimer The Territory Data Is the property of the Australian Capital Territory. No pert of It may in any form or by any means (electronic, mechanical, microcopyIng, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior wrilten permission. Enquiries should be directed to: Director, Customer Services ACT Planning and Land Authority GPO Box 1008 Canberra ACT 2801. RP Data Disclaimer RP Data does not warrant the accuracy or completeness of this publication and to the full extent allowed by law excludes liability In contract, tort or otherwise, for any Ices or damage suffered In whole or in part through reliance upon this publication. linurn,1* rpdatacom tknotkatdaullurolD Page 1 of 1 December 25 2013 ditc.e. 1.14‘ Ug1.74 OAS Property Pictures allhomes alOhoanes .COM.AU 46 Alcamo Circuit O'Malley 2608 - Pictures Front Front . Famlty ... Sauna Sauna . Pool Bedroom Ensulte • Bedroom Second ...I Second Deck of... Office/.., Front Front Past Sales &'oierty Iirfmatlon Property Info: 46 Akame ClroNlt Street Inro: Alcamo Occult Suburb Info: O'Malley Postcode Info: 2141 FRONT VIEW _..__..._... __. Photo 24 LPrevi pnpJo 1 Next Photo image added on 08/08/2012 Page 1 of AGENT DETAILS http://www.allhomes.coln.au/ah/act/sale-residential/46-akame-circuit-amalley-Canberra-front-view/ 14... 1/5/2014 Page 1 of 1 http://www.allhomes.com.au/anda/property/photo/2012/03/08/39308a2785290ef925a992a8... 1/5/2014 CC° Page 1 of 1 http://www.allhomes.com.au/anda/property/photo/2411 / 11 /22/6277f398f292beb534161 a24... 1/5/2014 CC 1 http:// es.com.au/ prop Jphoto/ 2011/11/22/da13a21a?fC fbt$ a2#73��e f _.... I1512014 C . 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Do they have contact with their 14 paternal grandparents? 15 ,A No, they do not, not on a regular basis at 16 all. 17 Q Do you recollect the paternal grandparents 18 coming down here and staying here for several weeks at 19 least? 20 A No. Only the last two weeks for the first 21 time in over two years. 22 Q Okaysl.Y.°14.q.lr#U7.79.09.;you 23 would,have.aAfancier'houie-'in\AUStr'ails\that'Whatjou 24 are,.saying?' 25 A Sorry, sir. Could you repeat the question, 151 cct 1 please? 2 Q • Yes. You are Saying you would have a better 3 life. Do you mean a fancier house or a bigger car? 4 A No. 5 Q Okay. What do you mean? 6 A I mean they will be happy. They will have, 7 you know, relations to play with, people to spend time with. 8 It is very different to having just the isolated family all 9 the time and having extended family arOund. 10 Q Okay. But the children have friends here and 11 activities here, don't they? 12 A Yes. I have signed them up for all of the 13 activities* ever since they were born. It has alWays been 14 me. 15 Q 16 to.,work,-,:benefits .17ou said .of,the,:move,\::are 17 children !be9 18 contact'vithc.theirfathar 19 A Sirworkfox::)th.PA?g7TPRI9fPVi 20 family.WeWere'gbingto.yxelocateAThtAa.lihieruth 21 Q Let,:merepeat:,theguestion,Af'necesiary. 22 Would,you,,answerAhequestion? 23 A ''Ye6.: 24 Q Iswhat,you,saidi"s fancier"car,maybe3 25 Nicer'hOi.ise? 152 0-0 Exhibit 0 x amiuNec: u4.u).uo tiajendrakumar complains of threat to life page 1 Tomift et Gaj ndrakumar complains of threat to life (TamliNet, Tuesday, 02 May 2006, 10:54 GMT] Gajenclrakumar Ponnambelam, Tamil National Alliance pariirnentarien for Jaffna distriict, In a letter to Sri Lanka's President Mahinda Rajapakse Tuesday, complained of harassment and death threats to domestic staff at his Safina residence. His residence in 3rd Cress street is. located dose to two Sri tanks Army (SLA) camps, one at the 2nd Cross street -Main street junction end the other at the 4th Cross street. Full text of the letter follows: 2 May 2006 • H.E. Mahinda Rajapaksa, The President of the Democratic Socialist Republic of Sri Lanka, Temple Trees, Colombo. Your Excellency, FOR YOUR URGENT ATTENTION I write to you regarding an Incident that took place at about 7 o'clock this morning at my private residence at No. 43, 3rd Cross Street, Jaffna. Two individuals had entered the above premises. Subsequently they had approached the old lady who provides domestic help In the house. One of the individuals had threatened her with a firearm whilst both had gone on to question her about the whereabouts of myself and members of my staff. Thereafter they had proceeded to search the premises. Just before they had left, they further warned the domestic help that if the authorities were informed of this incident that she would be killed. As you will recall, this Is not the first time that I have brought to your attention such Incidents. On the previous occasion, army personnel In uniform had entered the same premises and had behaved In a threatening manner. Subsequently however, the Jaffna Commander personally contacted me and apologized for the Incident. I consider this latest incident a direct threat to my life as well to the lives of the members of my staff. I wish to bring to your attention that there is a Sri Lanka Army camp on the adjoining road down 4th Cross Street. There Is also a Sri Lanka Army sentry point at the Main Street — 2nd Cross Street junction. Therefore, It would be much appreciated if this incident is thoroughly Investigated. Due to the serious nature of the incident, I will be copying this letter to the Hon. Speaker and the Inspector General of Police. Yours truly, G. G. PONNAMBALAM Copy to 1. The Hon. Speaker ; 2. The Inspector General of Police Find this article at: ittto://www.tarnlinet.c:omiart.hpmi?catid=i3bartidc=17986 Reproduction of this news item is'ailowed when used without any alterations to the contents and the source, TamilNet, is mentioned News I Features I Photo Features I Opinion i Development TN Transcription Web feeds I Feedback I About us I Home tp://tamilnet.com/art.htinl?catid=13&artid=17986 3/16/20( c1-3 Untitled Document Page 2 of 3 As to whether there ever will be international investigations, well as you know, it all depends on geopolitics and bow the US (andthe western countries) and India view Sri Lanka's shift towards China. Iden if you look at the way the West andlndia frame the issue of accountability, they are merely trying to use the issue to bring about a regime change and not genuine accountability. If genuine accountability is what the West and India want, then they should bave no problem in investigating charges of genocide, and also the last 66 years of Sinhala rule over the Tamil nation There is a danger that international investigations wIU onlybecome a reality if the West and India believe that the regimechange that they want to see in Sri Lanka will not take place! As for the Tamils, we must not merely let geopolitics decide our fate. Itis the dutyof every Tamil to mobilize our people in a democratic way, to pressure the international commtmity to act. I believe, lithe Tanuls here, the Tamils in Tamil Nadu and the Diaspora mobilize in a coordinated way, the international community, and particularly Wirt and the West will have to act. You were the first Tamil leader to demandinternationally supervised transitional administration of the Tamil hoendandin the North and East of Sri Lanka at the UNHRC in Geneva. Canyon elaborate how it would function and fulfil the aspirations ofthe Tamils? Gajen rejects the charge that he has not grasped grassroots Tamilpolitics We want an iaternationallybacked Transitional Administration for three main reasons. Firstly, we need to secure the Tamil Nation from the ongoing Genocide. This can only happen if we are taken out of the hegemonic grip of the Sinhala state, The second reason is that if we trulywant an accountability mechanism to be successful, then the Tamil people must feel safe in being able to come out and give evidence. This can only happen if the Tamil homeland is taken out of the strangulating grip of the Sinhala State, and a protective mechanism is put in place. We see the Transitional Administration as such a protective mechanism And thirdly, a meaningful reconstruction of the destroyed livelihoods of our people can only happen through an administration thatis accountable to the Tamil people. In other words, the Administration we envisage is not merely a protection mechanism, but one that would have sufficient powers to handle the immediate resettlement, and the rebuslding of livelihoods and development needs of our people. It is important to state that this Transitional Administration would exist only till such time an acceptable political solution is found to the Tamil national question. So it is not a substitute for a negotiated solution. It is something that must be setup in the interim period. Itis a corn mon perception that TNPF prefers to work with civil society than the government of Sri Lanka. If thatis the case: how would you negotiate for a settlementwith the government? We are not saying that the Tamils should not negotiate with the government of Sri Lanka. What we are saying is that when we do sit down to negotiate, the government of Sri Lanka must first accept certain fundamentals. They must accept that we are a distinct Nation with our own sovereignty and that we are a people with the right to self-determination, It Is on this basis that negotiations can take place to work out the modalities on how the Tenni and Sinhala Nations can coexist in one country. Theac have been severe threats to your life, Recently there were report of four unidentified men visiting your house. The TID (Terrorism Investigation Depar tment)had summoned you to its headquarters. How do you cope with all this given the fact that your bwn. father was gunned down? I work on the basis that! rather be killed than accept the genocide that is being committed on my people, as away of life. I am doing nothing w rong! I am not doing anything that even violates the most draconian laws of the Sinhala State, like the Prevention of Terrorism Act, or the notorious 6th Amendment to the Sri Lankan constitution that prohibits the espousing of a separate state. A11I am agitating for h a re - envisioning of the State. That is my fundamental right and democratic right! What is your reaction to the Tamil Eelam Freedom Charter declared by TOTE (Transnational Government of Tamil Eelam) in May toss? The 6th Amendment to the Sri Iankan constitution prohibits me to say or do anything that might be construed as espousing the creating of a separate state. Therefore I cannot comment on this matter. How do you viewthe resurgence ofthe Tamil Diaspora world over? We believe it is inevitable that the EelamTamil Diaspora would mobilize again. Each and every member of the Diaspora is directly in touch with their family members back in the homeland. http://www.theweekendlead.er.com/print.ph e— . id=1649&cy=Causes 5/26/2014 C�� Untitled Document They know about the genocide that their brethren are facing. They also know of the unprecedented oppression that the Tamils are &ciog here. So it is only natural that the Diaspora will take up the cease of the Tamils in the homeland, when the Tamils here have been made voiceless. I fully appreciate most of their efforts. There are some groups though, unfortunately, that are behaving in a very nave way. Thasc groups refuse to see the geopolitics tbat is drhdag policy in the western countries that theylive in, and as aresult are formulating strategies that I believe are waste of finances and effort. But these groups will realize soon why their efforts will not succeed. Theu of course there axe some groups and individuals who are being promoted by some western governments to more or less lobby the Tamil Diaspora on their behalf. These groups function very similar to how India uses the Tamil National Alliance to do its bidding in Sri Lanka Sucb groups will get discredited as time goes by. Page 3 o But by and large, the Diaspora and their organizations are an asset to us. What is your opinion on the students' movement in Tamil Nadu in support of the Eelam struggle? The students' movement iaTamil Nadu is theverybrlght light that we see at the end of the tunnel. My firm view is that the students' movement and their continued strategic mobilization are going to be the key for hue fugue of the Eelam Tamils. (to be continued) Dr. PaufNewman holdsaDoctorateofPhlosophy on7nternalDisplacementandHumanRightssituationfnNorthernSriLanka'from Bangalore University. He was one of thefour public speakers at the Permanent People's Tribunal on War crbnee against Sri Lanka http://www.theweekendleader.com/print.php?titla=return-of-eelam&&id=1649&cy=Causes 5/26/2014 CR -6 Exhibit Q Sri Lanka I Travel advice I Smartraveller: The Australian Government's travel advisory an... Page 1 of 8 Australian Government Depsrfinentairindgn.Afillint and Trade Every traveller; 24-hour Consular Emergency Centre +61 2 6261 3305 or 1300 555 135 or SMS +81 421 269 080 Sri Lanka Latest update very Ip This Advice was last issued on Wednesday, 09 April 2014. It contains new information under CMI unrest/political tension (the Prevention of Terrorism Act remains In place and permits prolonged detention without charge or trial). We advise you to exercise a high degree of caution in Srl Lanka at this time because of the unpredictable security environment. • Exercise normal safety precautions • EXERCISSA HIGH DEGREE OF CAUTION • Reconsider your need to travel • Do not travel • We advise you to exercise a high degree of caution in Sri Lanka at this time because of the unpredictable security environment. • Security forces maintain a visible presence throughout the country. Military and police checkpoints are present along some roads and road closures can occur without warning. • You should avoid all demonstrations and large public gatherings as they may tum violent or be a target for politically -motivated attacks. Police have used tear gas In response to protests. • In the Northern Province of Sri Lanka, which includes Mannar, Vavunlya, Mullaitivu, Kilinochichl and Jaffna Districts, post -conflict securlty;force activity is ongoing. • In both the Northern and Eastem Provinces you should stay on main roads and pay close attention to signs warning of danger from landmines. • Foreign passport holders, including diplomats and International and local non-government organisation personnel, no longer require approval from the Ministry of Defence to travel to the north of Sri Lanka. However, individuals and groups intending to visit military establishments or High Security Zones or to meet military officials still require specific approval from the Ministry of Defence. • Pay careful attention to the type of visa you apply for. Travellers risk deportation If they engage In activities outside their visa conditions. All regions of Srl Lanka experience outbreaks of the mosquito -borne dengue fever. Almost half of the cases In 2013 were reported in Western Province, where Colombo is located. See Health Issues below for more information. • Because of the prevailing security situation, we strongly recommend that you : • r •u a am •ntac d a La (hits://www.orao.dfat.Qov.au) with us so we can contact you In an emergency. • Be a smart traveller. Before heading overseas: • organise comprehensive travel Insurance and check what circumstances and activities are net covered by • • your policy • subscribe t9 this travel advice to receive free email updates each time it's reissued. http://smartraveller.gov.au/zw-cgilview/Advice/Sri_Lanka 5/26/2014 C, -+S Sri Lanka I Travel advice! Smartraveller: The Australian Government's travel advisory an... Page 2 of 8 • click on image to expand Entry and exit Visa and other entry and exit conditions (such as currency, customs and quarantine regulations) change regularly. Travellers intending to visit Sri Lanka should consult the nearest Sri Lankan Embassy or Consulate regarding visa requirements. When selecting the appropriate visa category note that travellers risk deportation. If they engage in activities outside of their visa conditions. Foreign nationals who Intend to visit Sri Lanka must obtain an Electronic Travel Authority prior to arrival. More information on the ETA can be accessed online at www.eta.cov.Ik fhtto:l/www.eta.govik). There is a non-refundable processing fee for some categories of the ETA. Make sure your passport has at least six months' validity from your planned date of return to Australia. You should carry copies of a recent passport photo with you in case you need a replacement passport while overseas. Safety and security Terrorism . Terrorism is a threat throughout the world. You can find more information about this threat in our General advice to Australian travellers. Conventional conflict between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) in the north of the country ended in May 2009 with the military defeat of the LTTE. No terrorist attacks have occurred since then. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri_Lanka O 5/26/2014 net Sri Lanka 1 Travel advice' Smartraveller: The Australian Government's travel advisory an... Page 3 of 8 Civil unrest/political tension We advise you to exercise a high degree of caution in Sri Lanka at this tlme,because of the unpredictable security environment. Australians could inadvertently become victims of violence directed at others. You should pay close attention to your personal security and monitor the media and other local information sources for information about possible new safety or security risks. Military and police checkpoints are established along some main roads and arrned security forces have a visible presence throughout the country. Road blocks may be established without warning, The security forces have wide-ranging powers, including the authority to Impose curfews, detain without charge for extended periods of time and to search individuals, vehicles, residences and commercial premises. You should comply with instructions Issued by security personnel and carry proof of Identification, such as your passport, at all times. . You should avoid all demonstrations and large public gatherings as they may turn violent or be a target for politically - motivated attacks. Police have used tear gas In response to protests. The Prevention of Terrorism Act remains In place and permits prolonged detention without charge or trial. Non -Sri Lankan citizens of Sri Lankan heritage have been detained on occasion by Sri Lankan Police or security forces. Australians are encouraged to keep their passports with them at all times and to ask to contact the Australian High Commission if detained. There have been incidents of violence against aid workers and political activists, Including in Jaffna, Vavunlya and the Eastern Province. Journalists have been victims of violent assault and intimidation, Including In Colombo. Northern Province: There continues to be a presence of military and security forces In the Northam Province of Sri Lanka, including Mannar, Vavuniya, Kilinochchi, Muilaitivu and Jaffna Districts. Marked and unmarked minefields and unexploded ordnance remain in some areas. You should stay on main roads, pay close attention to signs warning of the dangers from landmines and seek the advice of local authorities concerning the location of unsafe areas. Eastern Province: While most of the Eastern Province has been cleared of Landmines and unexploded ordnance, some isolated areas are yet to be cleared. If travelling in the Eastern Province you should stay on main roads and pay close attention to signs warning of danger from landmines. Communal and Inter -ethnic tensions have been high In the east in the past and isolated incidents of violence can occur with little warning. Crime lncidents of violent crime occur in Srl Lanka, including sexual assault and robbery. Petty crime such as pick -pocketing and bag snatching also occurs, particularly In large gatherings (e.g. marketplaces and sporting events) end on public transport. Thefts also occur in hotels and guesthouses. Travellers should take appropriate precautions to safeguard valuables and personal effects, There have been frequent Incidents of credit card fraud. This includes recent reports of credit card skimming activities. Travellers should seek advice from their credit card provider on how to best protect themselves against credit card fraud. To minimise exposure to fraud use cash wherever possible and only use ATMs attached to banks and major hotels.. There have been an increasing number of reports of sexual harassment In Sri Lanka, particularly in areas frequented by foreign tourists. This includes verbal harassment , physical advances and sexual assaults. Female tourists, particularly those travelling alone, should exercise vigilance and consider organising their travels through reputable travel companies. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri_Lanka 5/26/2014 C$ Sri Lanka 1 Travel advice 1 Smartraveller: The Australian Government's travel advisory an... Page 4 of 8 Local travel Travellers are advised to limit travel in High Security Zones and near military and government installations. You should also maintain a high degree of awareness at roadblocks and checkpoints. Transport conditions throughout Sri Lanka are hazardous. There Is a high number of road deaths and injuries, particularly on inter -city buses and three-wheeler taxis. The standard of driving and vehicle maintenance is poor. There have also been a number of fatal accidents on Sri Lankan railways in recent years. For further advice, see our road travel page. Foreign passport holders, Including diplomats end international and local non-govemment organisation personnel, no longer require approval from the Ministry of Defence to travel to the north of Sri Lanka. However, individuals and groups intending to visit military establishments or High Security Zones or to meet military officials still require specific approval from the Ministry of Defence. For advice on the location of areas where approval to travel Is still required, you can contact the Sri Lankan Ministry of Defence on telephone number (+94 11) 243 3215. The safety standards you might expect of transport and tour operators, including adventure and water sport activities, are not always met. Sufficient safety equipment may not be provided and recommended maintenance standards and safety precautions may not be observed. You should use reputable companies when arranging travel and activities. Swimming conditions at some beaches are unsafe and there are often strong rips. Lifesaving services are rare. Appropriate precautions should be taken. Piracy occurs in the coastal areas of Sri Lanka. Sea our piracy bulletin for more information. The International Maritime Bureau issues piracy reports on its website (httmJ/www,ico•ccs.org(oiracv-reoortina-centrel. Airline safety A number of air services operate between Colombo and the north, including services run by the Sri Lankan Air Force. Safety and maintenance standards may not be certified in accordance with international commercial airline standards. Please refer to our air travel page for information about aviation safety and security. Money and valuables Before you go, organise a variety of ways to access your money overseas, such as credit cards, travellers' cheques, cash, debit cards or cash cards. Australian currency and travellers' cheques are not accepted In many countries. Consult with your bank to find out which is the most appropriate currency to carry and whether your ATM card will work overseas. Make two photocopies of valuable documents such as your passport, tickets, visas and travellers' cheques. Keep one copy with you in a separate place to the original and leave another copy with someone at home. While travelling, don't carry too much cash and remember that expensive watches, Jewellery and cameras may be tempting targets for thieves. As a sensible precaution against luggage tampering, including theft, lock your luggage. Information on luggage safety is available from The Australian Civil Aviation Safety Authority (httoJ/www.cess.qov.aufalrsafe(trio/oackino.html http://smartraveller.gov.au/zw-cgi/view/Advice/Sri Lanka 5/26/2014 CS, Sri Lanka f Travel advice f Smartraveller: The Australian Government's travel advisory an... Page 5 of 8 Your passport Is a valuable document that is attractive to criminals who may try to use your Identity to commit crimes. It should always be kept in a safe place. You are required by Australian law to report a lost or stolen passport. If your passport (htto //www,passports.gov.au) Is lost or stolen overseas, report it online (httas://www.passports.oov.auANeb/Renewal/LostStolen.asexj or contact the nearest Australian Embassy. High Commission or Consulate (httni/www,dfat.gov.au/missiogsfndex,htmllas soon as possible. Australians are required to pay an additional fee to have their passport replaced. In some cases, the Government may also restrict the length of validity or type of replacement passports. Laws When you are In Sri Lanka, be aware that local laws and penalties, including ones that appear harsh by Australian standards, do apply to you. If you are arrested or jailed, the Australian Govemment will do what it can to help you but we can't get you out of trouble or out of jail. Information on what Australian consular officers can and cannot do to help Australians in trouble overseas Is available from the Consular Services Charter. Sri Lankan law includes provisions permitting arrest without warrant, provisions permitting extended detention without charge or trial for certain offences and a reversal of the onus of proof in certain circumstances. Penalties for drug trafficking are severe and Include the death penalty. The death penalty may also be applied for murder and rape. Homosexual acts are illegal in Sri Lanka. See our LGBTI travellers page(htto:/hxww.smartraveller.00v.auMesllgbti.htmll. Photography and video recording in High -Security Zones (HSZe) Is prohibited. All military establishments and some government buildings, including official residences, have been declared as HSZs. Some HSZs may not be signposted. The Sri Lankan government collects passport data from foreign tourists through registration at hotels and guesthouses. . This information is used by local law enforcement agencies. Respect should be shown for religious traditions and artefacts. Posing for a photograph next to the statue of Buddha Is a serious offence, as is the mistreatment of Buddhist images; both are punishable by fine or arrest. Travellers with tattoos of Buddha images should keep these covered at all times. Sri Lanka has strict laws concerning the export of certain items including cultural antiquities. Penalties can include fines as well as detention. Travellers should check the Sri Lankan Pep rtment of Archaeology webslte (http://www_sarchaeology.gov.lk) and the Sri Lankan Customs website (http://www.customs.00v.lk) for more Information. Some Australian criminal laws, such as those relating to money laundering, bribery of foreign public officials, terrorism, forced marriage, female genital mutilation, child pornography, and child sex tourism, apply to Australian overseas. Australians who commit these offences while overseas may be prosecuted in Australia. Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism and child pornography laws. These laws provide severe penalties for up to 25 years imprisonment for Australians who engage in child sexual exploitation while outside of Australia. Local customs There are conservative standards of dress and behaviour in Sri Lanka and you should take care not to offend. http://smartyaveller.gov.au/zw-cgi/view/Advice/Sri Lanka 5/26/2014 c8a Sri Lanka I Travel advice I Smartraveller: The Australian Government's travel advisory an... Page 6 of 8 Visitors to Sri Lanka should respect local restrictions and observances around religious holidays. Full moon Poya Days are celebrated once a month and the purchase of alcohol or fresh meat is banned on these days. You should seek local advice regarding customs and photography when visiting places of worship. Information for dual nationals Australian citizens of Sri Lankan origin are entitled to apply to have their dual nationality status recognised by the Government of Sri Lanka. Our Dual nationals page provides further information for dual nationals. Health We strongly recommend that you take out comprehensive travel insurance that will cover any overseas medical costs, Including medical evacuation, before you depart. Confirm that your Insurance covers you for the whole time you'll be away and check what circumstances and activities are not included In your policy. Remember, regardless of how healthy and tit you are, if you can't afford travel insurance, you can't afford to travel. The Australian Government will not pay for a traveller's medical expenses overseas or medical evacuation costs. it is important to consider your physical and mental health before travelling overseas. We encourage you to consider having vaccinations before you travel. At least eight weeks before you depart, make an appointment with your doctor or travel clinic for a basic health check-up, and to discuss your travel plans and any implications for your health, particularly if you have an existing medical condition. The World Health Organization (WHO) (htte://www.who.intilth/1 provides Iriformetilon for travellers and our health page also provides useful information for travellers on staying healthy. The standard of medical and ancillary treatment in Colombo is below that of Australia. Medical fact itles outside of Colombo are limited, especially in relation to emergency services. Private hospitals will require payment of a deposit or confirmation of insurance cover prior to admission. In the event of a serious illness or accident, medical evacuation to a destination with appropriate facilities is recommended. Medical evacuation costs could be considerable. A decompression chamber is located at the Srl Lanka Navy Base In Trincomalee. All regions of Sri Lanka experience outbreaks of the mosquito -borne dengue fever. For the first 11 months of 2013, almost 29,000 suspected dengue cases were reported to authorities, almost half of which were in Western Province. There is no vaccination or specific treatment available for dengue. For further Information on dengue fever, see the World Health Organization's factsheet (httpJ/www.who Intimedlacentre/factsheets/fs117/en/). Malaria occurs *in all areas of Srl Lanka except for the districts of Colombo, Galle, Kandy, Gampaha, Kegalle, Kalutara and Nuwara Eliya. Outbreaks of other mosquito -borne diseases (including chlkungunya fever, Japanese encephalitis and filariasis) also occur frequently. We encourage you to take prophylaxis against malaria and other mosquito -borne diseases where necessary; ensure your accommodation Is mosquito proof; and take measures to avoid insect bites, including using an insect repellent at all times and wearing long, loose fitting, light coloured clothing. The mosquito -borne disease Japanese encephalitis is found throughout many regions of North, South and South -East Asia and Papua New Guinea, including In some rural areas of Sri Lanka. A Japanese encephalitis vaccine Is registered for use and is currently available in Australia. For further details please consult your travel health doctor. Food -borne, water -borne and other infectious diseases (Including typhoid, hepatitis, leptospirosis and rabies) are prevalent with mdre serious outbreaks occurring from time to time. We recommend you boll all drinking water or drink bottled water, avoid Ice cubes and raw and undercooked food. Seek medical advice If you have a fever or are suffering from diarrhoea. http://srnartraveller.gov.au/zw-cgitview/Advice/Sri Lanka 5/26/2014 c3 Sri Lanka I Travel advice j Smartraveller: The Australian Government's travel advisory an... Page 7 of 8 • Where to get help In Sri Lanka, you can obtain consular assistance from the: Australian High Commission 21 R. G. Senanayaki Mawatha (formerly Gregory's Road) Colombo 7, Sri Lanka Telephone (+94 11) 246 3200 Facsimile (+94 11) 268 6453 Email: aystcomc sltnet.ik Website: www.srllanka,embassv.gov.au(htto://www.sritanka.ejnbassv.gov.aufl if you are travelling to Srt Lanka, whatever the reason and however long you'll be there, we encourage you to register with the Department of Foreign Affairs and Trade. You can register online (http://www.orao.dfat.aov.aul or in person at any Australian Embassy, High Commission or Consulate. The Information you provide will help us to contact you in an emergency - whether it is a natural disaster, civil disturbance or a family issue. In a consular emergency If you are unable to contact the High Commission you can contact the 24-hour Consular Emergency Centre on +61 2 6261 3305 or 1300 655 135 within Australia, In Australia, the Department of Foreign Affairs and Trade in Canberra may be contacted on (02) 6261 3305. Additional information Natural disasters, severe weather and climate The monsoon season is December to March in the northeast and May to October in the southwest. Flooding and landslides often occur. AU oceanic regions of the world can experience tsunamis, but In the Indian and Pacific Oceans, there Is a more frequent occurrence of large, destructive tsunamis because of the many large earthquakes along major tectonic plate boundaries and ocean trenches. See the Tsunami Awareness brochure (http://www,em.00v.au/Publications/Pages/AustrallanTsunamiWarning SvstemP ublications.asaxl. Information on natural disasters can be obtained from the Humanitarian Early Warning Service (http://www.hewsweb.org/storins/l If a natural disaster occurs or a tsunami warning is issued, you should monitor local media and follow the advice of authorities. For parents For general information and tips on travelling with children see our Travelling with children page. http://smartraveller.gov.au/zw-cgihiew/Advice/Sri_Lanka 5/26/2014 cz4 Sri Lanka Travel advice I Smartraveller: The Australian Government's travel advisory an.., Page 8 of 8 ' While every care has been taken In preparing this Information, neither the Australian Govemment nor Its agents or employees, Including any member of Australia's diplomatic and consular staff abroad, can accept liability for any jury, loss or damage arising in respect of any statement contained herein. Maps am presented for information only. The'department accepts no responsibility for errors or omission of any geographic feature. Nomenclature and territorial boundaries may not necessarily reflect Australian Govemment policy. http://smartraveller.gov.au/zw-cgi/view/Advice/Sri Lanka 5/26/2014 1 HERSCHEL LOCK Sc 717 2SS S288 • March . , 2010 To Whom It May Concern: 08/28/10 0244pm P. 001 I, Uthayashanker Wimalendran, am the natural father of Shivaan Wimalendran and Te.nisha Wimalendren: I hereby authorize IVIrinalini Ponnambalam to travel with our chdren from the United States to Sr! Lanka and then on to Australia. Dated: COMMONWEALTH QF PEN NSYLVAN IA : COUNTY oFaizes?e,44,4D Uthaya anker Winialendrari Dated: 03 3/X0/0 SS: / • On this, the c2-3`daY of March, 2010, before me, the undersigned officer, personally appeared Uthayashanker VIlimalendrant known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. In WITNESS WHEREOF, I have hereunto set my hand and seal. Nola y PubIh COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public. Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 cs7' FARRAR GESINI DUNN Family & Collaborative Law Our Ref: AN:LS:209456 Your Ref: Debra D Cantor 3 October 2014 McNees Wallace & Nurick EMAIL: dcantor@mwn.com Dear Sirs PONNAMBALAM- FAMILY LAW MATTERS We refer to our letter dated 18 September 2014. We enclose' the following documents which were filed in the Family Court of Australia at Canberra on 3 October 2014 on behalf of Mrinalini Ponnambalam.: 1. Initiating Application; and 2. Affidavit by our client. Would you please serve these documents by hand on Mr Wimalendran when you are due to appear in Court on 8 October 2014. You may wish to inform your Judicial Officer that under Australian law, the Australian Family Court has jurisdiction to deal with this matter because the mother and children are all present in Australia and they are ordinarily resident in Australia. This case falls under Federal jurisdiction so it does not matter that Mrin and the children have moved from South Australia. We will also email the documents to Mr Wimalendran today. We thank you for your assistance in this matter. Yours faithfully FARRAR GESINI DUNN Lucy Stramandinoli Solicitor 1-2 above 17-21 Univei Avenue GPO Cox 2990 Canberra ACT 2601 02 6257 647742:62 [4<5700 www:f_7d.com.3u real people \\fgd esbs\lawd ocs\Docs\209456\421374. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by email and first-class mail, postage prepaid, upon the following: Uthayashanker Wimalendran 4129 Shoreline Circle, Apt 137 Virginia Beach, VA 23452 Shane wimaiendran cni hotmail.com ienIse Zai: -lal Secretary Dated: 10 S1IL(- McNEES WALLACE & NURICK LLC By: Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor a(�mwn.com Attorneys for Defendant THE pi3O!iirNOit GOIE3 GCT -3 PH 2: 21+ CUMBERLAND COUNTY PENNSYLVANIA UTHAYASHANKER WIMALENDRAN Plaintiff v. MRINALINI PONNAMBALAM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1403 : CIVIL ACTION - LAW : CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Debra D. Cantor, Esquire and McNees Wallace & Nurick LLC on behalf of Defendant, Mrinalini Ponnambalam. McNEES WALLACE & NURICK LLC Date: 10 / B LACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 717) 232-5297 (717) 260-1667 facsimile Email: dcantor@mwn.com CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via email and first class U.S. mail, postage pre -paid, upon the following: Uthayashanker Wimalendran 4129 Shoreline Circle, Apt 137 Virginia Beach, VA 23452 Shane wimalendran(a�hotmail.com Dawn S. Sunday, Esquire Sunday & Sunday 39 West Main Street Mechanicsburg, PA 17055 DSSunday(a�aol.com Denise Zai -c, Pa :legal Dated: IO r?j I ( t UTHAYASHANKER WIMALENDRAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. v. : NO. 09-1403 MRINALINI PONNAMBALAM, : CIVIL ACTION - LAW Defendant : IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS UNDER PA.R.R.P. 1028 (A)(1) AND NOW COMES, Plaintiff, Uthayashanker Wimalendran, files the following in response to Defendant's filing of Preliminary Objections to the Contempt/Petition for Modification of Custody filled by Plaintiff and in support avers the following: BACKGROUND AND FACTS 1. Plaintiff is Uthyashanker Wimalendran, Father, who currently resides at 4129 Shoreline Circle, Virginia Beach, VA 23452 since August of 2013. Prior this date he was a resident of commonwealth for 10 years. 2. Defendant is MrinaliniPonnambalam, Mother, who currently resides at 46 Akame Circuit, O'Malley, ACT, Australia, 2606 with both parties minor children since January of 2013. 3.. The parties hereto are the parents of the following minor children: Shivaan Wimalendran, Date of Birth May 6, 2005 US/CANADA Dual Citizen Tanisha Wimalendran, Date of Birth March 7, 2007 US/CANADA Dual Citizen 4. Plaintiff on June 18, 2014 filled Contempt of Court charges against the Defendant with the Honorable Court and served a copy to the Defendant on August 25, 2014. 5. On March 19, 2010, this honorable Court entered an Order of Custody, granting the parties hereto joint legal custody of the minor children, granting Wife primary physical custody, and 1 granting Husband temporary or partial physical custody. A true and correct copy of this Order is Marked Exhibit "A," attached hereto, and made part hereof. 6. At the hearing on March 17, 2010, Wife testified to the following: a. She was offered a General Practitioner job with Country Doctors in Australia paying equivalent of $175,000 USD plus a back -dated pension stipend of $100,000 per year after seven years of employment. (Transcript, p. 126, 1. 10-14, attached hereto and made part hereof as Exhibit "B"); b. She had not practiced as a physician for five years prior to the dates of this hearing (Transcript, p. 132 1. 18-21, attached hereto and made part hereof as Exhibit c. She testified that her move to Australia would be in the best interest of the parties' children because she would be able to work and the children would have a better quality of life (Transcript, p. 150, 1. 6-16, attached hereto and made part hereof as Exhibit "D"); d. She testified that she was willing to bring the children to the United States to visit Plaintiff for four weeks (Transcript, p. 154, 1. 4-7, attached hereto and made part hereof as Exhibit "E"); e. She testified that the children would have in, Australia, "a very good quality of life with ...very good schools, very good extracurricular activities" (Transcript, p. 154, 1. 13-15, attached hereto and made part hereof as Exhibit "E"); f. She testified that she would be "able to give them a good quality of life plus save for the future" (Transcript, p. 154, 1. 15-16, attached hereto and made part hereof as Exhibit "E"); 2 7. At the time of March 17, 2010, hearing, Defendant claimed she had been denied a visa to stay in the United States and was compelled to leave the country on or around March 28, 2010. Thereafter, contrary to Honorable Court's Order the Defendant resided in Srilanka for approximately 18 months and then moved to Adelaide, Australia in November of 2011. Therein after, she had moved to Canberra, Australia in January of 2013 with both parties minor children where she currently resides. 8. Dr.Shinevold testified at the March 17, 2010, hearing, the relevant testimony being as follows: a. A stressor affecting the Plaintiff was Defendant's inability to find employment commensurate with her education in the United States despite her assuring him that she would not have an issue practicing in the United States (Transcript, p. 19,1. 1-6, attached hereto and made part hereof as Exhibit "F"); b. Plaintiff, at the time of interview with him alleged and provided me with a binder here of issues and concerns he had. He described her taking the children to places there was active terror zones in I believe in Srilanka, but maybe some other countries as well, that when he would express concern about the children's safety that she would not listen. (Transcript, p. 19,1. 17-23, attached hereto and made part hereof as Exhibit "F"); c. Plaintiff had, at the time of the hearing, a close and loving relationship with his children, and that his children do enjoy their time with their dad, and so it is important to maintain and nurture that relationship as much as possible. (States (Transcript, p. 33,1.21-24, attached hereto and made part hereof as Exhibit "G"); d. In response to a question by the Court ("if she [the Defendant] would be allowed to reenter the country, would be (sic) mother could come and spend and extended period of time here is Pennsylvania?"), Dr. Shenvold answered "Oh, of course. I'm sorry. I didn't know that was an option." (Transcript, p. 34,1. 25, p. 35, 1. 1-4, attached hereto and made part hereof as Exhibit «H9, e. The preference is for all the parties to live near enough to one another that they can have a similar schedule to the proceeding the order of March 19, 2010 because it is important, given 3 the ages and development of the children, that they have regular contact with each of their parents if the goal is to maintain and nurture the relationship that they have [with their parents] (Transcript, p. 37,1. 1-9, attached hereto and made part hereof as Exhibit "I"); f. I think the children were older I would recommend long periods of time with their dad over the summer or the non -school year because, I guess, depending on what part of the country they might have different holidays and school arrangements, but during the non -school months. (Transcript, p. 34,1. 3-8, attached hereto and made part hereof as Exhibit "J"); g. I have no doubt that they enjoy their relationship with their dad. (Transcript, p. 51,1. 8-9, attached hereto and made part hereof as Exhibit "K"); 9. It is reasonable believed and therefore averred that Defendant upon joint application with the Plaintiff would have received "Green Card" or Permanent resident ship in the US. Furthermore, Plaintiffs request for joint application was turned down by the Defendant and Plaintiffs sole application was approved for "Green Card" or Permanent Residentship in April of 2012. 10. It is reasonably believed and therefore averred that on the March 17, 2010 Custody/Relocation hearing Defendant's expert immigration attorney had testified under false pretense that the Defendant mother would not be able to obtain US Green Card/Permanent Residentship and therefore Defendant won't be able to live and work in this Country. 11. Defendant collects child support in the amount of $884.00 USD per month. Furthermore, Husband spends in excess of $2500.00 USD in expenses per trip while exercising his visitation rights with his children and this has been the case for the last 4 years. Defendant is in violation of the Honorable Court's order which was issued on March 19, 2010. 12. Prior to relocating to State of Virginia, Plaintiff lived and worked in the Commonwealth for more than 10 years. Furthermore, his relocation to Virginia for occupation was temporary in nature. For the above mentioned reason Plaintiff never attempted to move the Custody Jurisdiction from Commonwealth to State of Virginia. 4 13. Plaintiff currently holds a PA Driver's license and has a house in Commonwealth along with many close friends and former colleagues. Furthermore, he makes frequent visits to Commonwealth to meet with his friends and former colleagues. 14. Both parties' minor children were born in Camp Hill, PA. Furthermore, both parties' minor children have many childhood friends that they visit during their visitation with Plaintiff. Plaintiff, even after moving to State of Virginia takes both parties minor children to meet with their friends and families. 15. It is reasonably believed and therefore averred; that the children have a strong root connection to the Commonwealth having been born in the state regardless of what country they live in. 16. It is reasonably believed and therefore averred; that Plaintiff is unaware of Defendant's claims that both parties' children are involved in many extracurricular activities. Furthermore, Plaintiff is aware of only few extracurricular activities that children attend over the weekends. 17. It is reasonably believed and therefore averred; that the Defendant has yet to secure a permanent residentship in Australia and currently lives and works there with a temporary work visa with both parties' minor children who are dual citizens of only USA and Canada. Furthermore, based on Australian Income tax returns provided by the Defendant to Plaintiff in the Divorce and Child support matters, Defendant does not even declare large sums of worldwide income or her real estate holdings ownership as required by the Australian Tax code. (Exhibit L, pages 2) 18. It is reasonably believed and therefore averred; that the Defendant has not guaranteed she would obtain permanent residentship in Australia. 1.9. It is reasonably believed and therefore averred; that in case the Defendant is unable to secure permanent status in Australia and the only other country that she can move is Srilanka. In that case 5 Plaintiff would be left with no jurisdiction in Commonwealth or in Australia. It would be impossible for the Plaintiff to exercise his visitation rights with his children. Furthermore, Defendant has already proven her unwillingness to obey the Honorable Courts Order. 20. Defendant came from a very wealthy family. Defendant owns and receives large sums of income from various real estate properties in USA, Malaysia, Singapore, India, and Srilanka. Plaintiff's only income is from his work in Virginia Beach and his total income after paying child support is in the amount of approximately $2,000 per month. 21. Defendant is trying to change the custody order which was litigated on March 17, 2010 in front of the Honorable Court. Furthermore, Plaintiff does not have the financial means to pay for travel, attorney's fees, expenses for witness and any other expenses that may incur for any litigation in Australia. 22. It is the Honorable Court which granted the relocation and granted Plaintiff visitation rights considering the best interest of the children having heard from expert testimonies and witnesses. Therefore, the Commonwealth would be the best venue for any future hearings in related to any custody issues that may arise. 23. Defendant is refusing to bring the children as per the Honorable Court's order issued on March 19, 2010. 24. In the matter of Plaintiff's motion on Contempt charges against the defendant; the Honorable Court never relinquished the Jurisdiction in regard to the custody order entered on March 19, 2010 to Australia or to any other Country. WHEREFORE, Plaintiff prays this Honorable Court to deny Defendant's request for Preliminary Objections and allow Plaintiff's motion on Contempt petition be heard by the Honorable Court without any further delay. Furthermore deny Defendant's request from changing jurisdiction to Australia considering the best interest of children. 6 Dated: October 23, 2014 Respectfully Submitted, By: 647A,M '60 Uthayashanker Wimalendran, Pro Se 4129 Shoreline Circle, #137 Virginia Beach, VA 23452 (757) 463 6865 Shane_wimalendran@hotmail.com 7 Exhibit A HERSG-TEL LOCK ESQ 717 288 S288 08/19/10 06:S2pm P. 001 UTHAYASHANUA : IN THE COURT OP COMMON PLEAS OF WIMALENDRAN : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — LAW IvIRTNALINI PONNAMBALAM, Defendant : NO. 09-1403 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2010, upon consideration of Plaintiffs Complaint for Custody, • and Defendant's Petition for Emergency Relief, raising a relocation issue, with respect •to.tlte parties' children., Shivaan Wimalendran (d.o.b. May 6, 2005) and Tanisha Wimalendran (d.o.b. March'', 2007), and folleiving a hearing held on March 17, 2010, and based upon the court's view as to ..the best interests of the children under the circumstances,,it is ordered and directed as follows; L Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the mother, and her proposed relocation with the children to Newcastle, Australia; where she appears to have a reasonable opportunity for employment as a physician, being found (a) to be likely to significantly improve the quality of life for Defendant and the children, (b) to. be not motivated by a desire to frustrate the visitation rights of Plaintiff or to impede the development of. a healthy relationship between the children and Plaintiff, and. (c) that feasible arrangements can be made to ensure a continuing, meaningful relationship between the children and Plaintiff notwithstanding the relocation, the relocation is authorized. 3. Temporary or partial physical custody of the children shall 1;; in Plaintiff, the father, at the following times: a. For six two-week periods. each year, separated by approximately equal intervals, three of which shall occur near Plaintiff's residence in the United States and three of which shall occur near Defendant's residence in Australia, the airfare for all six such periods of the children and parties to be the responsibility of Defendant, the mother, and' Defendant, the mother, having a right during such periods to exercise 01:C 14d 61111/14010I HERSCHEL LOCK ESQ 717 2Se S2Se 02/1e/10 0S:S2pm P. 002 physical custody of the children for one 24-hour period of each such week; b. For up • to six additional. noncontiguous weeks near Defendant's residence in Australia, at Plaintif'f's expense and option as to time, but in no event to be contiguous with any other period of partial or temporary custody; 4. Defendant Mother shat) permit Plaintiff to have contact with the children; twice each week, utilizing a Skype or similar visual system, during her periods of physical custody; • 5. The children's passports shall be provided forthwith to Defendant mother and Plaintiff father shall execute such / governmental documents as may be necessary to facilitate the children's relocation; 6. Defendant mother shall furnish to Plaintiff's counsel a copy of the written opinion denying her most recent visa application immediately upon its receipt. for such action as be deems appropriate in this court on behalf of Plaintiff; and. 7. Nothing in this order is intended to preclude the parties from deviating from the foregoing provisions by mutual consent. BY THE COURT, • r rI ff '. i Wesley Oler, Jr., J Herschel Lock, Esq, 3107 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff . Debra D. Cantor, Esq. 100 Pine Street P.O. Box 1 166 Harrisburg, PA 17108-1166 Attorney for Defendant Exhibit B the job, and since then I have been in contact with them by 2 telephone finding out details, et cetera. THE COURT: And what is the date of that? 4 THE WITNESS: This is the 19th of February, 5 2010. 6 THE COURT: Any other questions, Ms. Cantor? 7 BY MS. CANTOR: 8 Q Would you be able to gain admission to 9 practice medicine in Australia? 10 A Yes. IIlave already got what is called the 11 advance certification from the Australian Medical Counsel by 12 my UK qualification and my UK jobs, and what that means is 13 that after one year of supervised work in Australia, I will 14 gain full registration with the Australian Medical Counsel. 15 Q If you accept this job with Country Doctors, 16 where would you reside, likely reside? 17 A I would reside in a place called New Castle, 18 which is an hour and a half drive from Sydney. 19 Q And what type of place is New Castle? 20 A It is the second largest city. It is a 21 multi -cultural city. It's not as congested as a big city 22 like Sydney. It has got a lot of parks, libraries, art 23 galleries, museums. It has got a lot of wildlife 24 sanctuaries, beaches. It is one of the coastal towns. 25 Q Would you live in an apartment, a town home 126 Exhibit C 1 visitor's visa for Canada from Sri Lanka? 2 A From Sri Lanka, I have'applied for visas to 3 several countries, and I have gotten the visas to Canada as 4 well in the past.. 5 Q Are you able to go to the Sri Lankan embassy 6 or the Canadian Embassy and obtain a visitors visa now? 7 A What I understand is because I am out of 8 status here, I cannot apply for any sort of visa because I 9 don't have status here in the first place right now. 10 Q Okay. alit you can obtain a Canadian vistor's 11 visa in Sri Lanka? 12 A I would imagine so. 13 Q Now, I heard, as you testified about your 14 educational background, and I guess they do it differently 15 in the United Kingdom, you have a 5 year university medical 16 college combination? 17 A That's right. 18 Q Okay. Now, am I understanding -amI - 19 correct in understanding that you have not practiced as a 20 physician for at least 5 years? 21 A Yes, in the last 5 years. 22 Q Where was the last place you worked as a 23 physician? 24 A In Malaysia. 25 Q And that was? 132 Exhibit D 1 very large interest in the children's activities, yes. 2 Q And you are saying despite what Dr. Shienvold 3 wrote before separation he didn't show much of an interest? 4 Is that what you're saying? 5 A That's what I am saying. 6 Q Is your request to move to relocate to 7 Australia with the children made so you can practice 8 medicine or is it made for the best interests of the 9 children? 10 A It is in the best interests of the children, 11 and one of that is the advantage of me being able to support 12 us. 13 Q Wait a second. What is the best interests of 14 the children about the move? 15 A Well, I would be able to work. They'll be 16 able to have a better quality of life. They have extended 17 family. When they were there in November of 2008 they had a 18 really good time with all of the relatives. My husband's 19 cousins came and visited. They came for the wedding. 20 Q You and your husband own your home in this 21 country? 22 A Yes. 23 Q Do each of you have your own car? 24 A Yes. 25 Q You paid for the car yourself, cash, didn't 150 1 children, that move, versus seeing dad, being able to see 2 dad personally on a regular basis? 3 A They will always talk to him and I will -- 4 whenever my vacation time comes, I'm willing to bring them 5 over here for four weeks, and for them to visit with him. 6 He's got time either he can take when we're here or we can 7 come over there. I mean he can see them. 8 Q Okay. The question is, other than the fact 9 that you try to let him see the children, is there any -- if 10 you can't come up with anything that counterbalances in your 11 opinion them seeing their dad on a regular basis, that is 12 fine. 13 A They will have a very good quality of life 14 with, you know, very good schools, very good extracurricular 15 activities. I will be able to give them a good quality of 16 life plus save for the future, and they'll have all of their 17 extended family interactions as well. 18 Q Do you live in the same neighborhood now? 19 A Yes, we do. 20 Q Is your mortgage paid up to date? .21 A I hope so. 22 Q Are you in the Cumberland Valley School 23 District? 24 A Yes. 25 Q Okay. They have a good quality of life here, 154 1 Another stressor to him was mom's inability 2 to find employment commensurate with her education in the 3 United States. He claimed that during the initial I guess 4 courtship or early stages prior to their marriage that she 5 assured him that she would not have an issue practicing as.a 6 physician in the United States. 7 Q In relation to his criticisms of Mrin as a 8 parent, did he categorize to you that he considered her to 9 be harsh and punitive:towards the children? 10 A ..Yes, he said she had a tendency to behave 11 that way on occasion. I don't believe he indicated that it. 12 was always the case, that she was consistently harsh and 13 punitive, but that on occasion he felt her behavior was too 14 harsh for the children. 15 Q And did he also allege that she had placed 16 the children in dangerous or deadly situations? 17 A . Yes. When he was discussing.-- and he - had. He described her taking the children to places where •19 . . 20 there was active terror zones in I believe Sri Lanka, but 21 maybe some other countries as well, that when he would 22 express concern about the children's safety that she would 23 not listen. 24 Q And did you investigate these allegations 25 through the evaluation process? 19 Exhibit G frequent contact with their father. Obviously that is the 2 ideal. 3 However, you know, it depends on the 4 situation, the. ability of thepartiesto relocate, where and 5 when, and the I guess financial means for visitation. 6 Given -- you know, given the age of the children -they 7 certainly can't travel unaccompanied by an adult. So it 8 would require a substantial financial outlet for the two of 9 them to travel back and.forth. 10 If, you know, frequent visits aren't -- 11 regular visits aren't possible, I recommended frequent 12 contact through phone calls, you know, visits whenever 13 possible. You know, there are plenty of families that I 14 work with that use videoconferencing such as Skype, 15 believe it is called, to make sure that Shane is still a 16 presence in the children's lives as much as possible because 17 obviously my recommendation for Mrin is not indicative of 18 the -- trivializing the importance of dad's relationship 19 with the children and the importance of that. 20 I certainly think that it was demonstrated 21 through this evaluation that dad also has a close and loving 22 relationship with his children, and that his children do 23 enjoy their time with their dad, and so it is important to 24 maintain and nurture that relationship as much as possible. 25 THE COURT: If the mother does leave the 33 Exhibit H 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non -school months. You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which -- in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended A -r vi it aw. from their mother. 19 My recommendation, if possible, would be for 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's .22 there as long as they can still have contact with their mom. 23 BY MS. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to.reenter the country, 34 Exhibit 1 1 would be mothercould gome and spend an extended period of 2 time here in Pennsylvania? 3 A Oh, of course. I'm sorry. I didn't know 4 that was an option. . 5 Q Well, it is not right now but... 6 A Okay. Yes, but that is certainly the case, 7 and then as I said earlier, once the children, you know, are 8 a few years older, you know, five and seven, that range, 9 they can certainly tolerate the extended visits with the dad 10 atthat point, if they do, in fact, live in distant parts of 11 the world from one another. 12 Q Now, in your recommendations 7- in both of .13 your recommendations you focus a lot on Mrin's role as the 14 primary physical custodian of these children. Can you talk 15 a little bit more about the impact -- the development -- the. 16 impact on their development should they be separated from 17 her for long periods of time? 18 A The_potential....-7_ _can PnlY_speak in 19 potential obviously. 20 Q Sure. 21 A Children's primary attachments and primary 22 caretakers are the most critical people in their lives, 23 certainly in the early years, and even through many of the 24 formative years of schooling, and at this age they don't 25 have the maturity or emotional readiness to really tolerate 35 Obviously the preference for all of this is 2 for the parties to live near enough to one another that they 3 can have a similar schedule to the one that they have now 4 or at least near enough to one another that they could have 5 a comparable schedule to the one they have now because it is 6 important, given the ages and developmental levels of the 7 children, that they have regular contact with each of their 8 parents if the goal is to maintain and nurture the 9 relationships that they have, and there is nothing in my 10 evaluation that makes me believe or gives me the opinion 11 that dad should not,be a regular part of their lives. So it 12 is just -- it is a very unfortunate situation that we are 13 faced with. 14 MS, CANTOR: I think that's all I have. 15 THE COURT: Okay. Let's take about a five 16 minute recess, and then we will resume. 17 (A recess was taken at 10:46 a.m., and court 18_ resumed at 11:00 a.m _ 19 20 21 22 AFTER RECESS THE COURT: Mr. Lock. MR. LOCK: Thank you. CROSS EXAMINATION 23 BY MR, LOCK: 24 Q Dr, Shienvold, I am going to address first 25 Defendant's Exhibit 2. That is your March 15th addendum to 37 Exhibit J Exhibit K 1 country with the children as primary custodian, what would 2 you recommend for the summer? 3 THE WITNESS: It's difficult. I think if the 4 children were older I would recommend long periods of time 5 with their dad over the summer or the non -school year 6 because, I guess, depending on what part of the country they 7 might have different holidays and school arrangements, but 8 during the non -school months. 9 You know, the children have never been away 10 from their mom for more than a few days. I believe there 11 might have been one trip in which-- in which mom took one 12 of the children to Sri Lanka with her or traveled with her 13 and left the'other child home. That may not be true, but 14 that was the only time there was ever a significant 15 separation so -- and given the ages of the children, I am 16 not sure they can tolerate a very long separation from their 17 primary custodian. So I would worry about an extended _AA 19 20 father to make extended visits to the location if it is that 21 far to travel and have a majority of the time while he's 22 there as long as they can still have contact with their mom. 23 BY S. CANTOR: 24 Q Just as a follow-up to that, another 25 alternative, if she would be allowed to reenter the country, aw from their mother. My recommendation, if possible, would be for 34 2 children's relationship with that parent. 0 I was taken because the language you used is 3 different than the language I generally see. When you 4 referred in your addendum to -- you stated that the children ..5 had a happy -- were happy and joyful. You used the word 6 happy and joyful around their father. I take it that speaks 7 well of their relationship? 8 A I have no doubts that they enjoy their 9 relationship with their dad. 10 Q You know, I want to address now, if I may, 11 the custody evaluation. 12 A Okay. 13 Q Okay. Now, the date on that is February 24th 14 of this year? 15 A Correct. 16 Q Between the -- strike that..You interviewed 17 both Mrin and Shane in July and August of 2009? --.18 A That's correct. 19 When did you give them the test, if you know? 20 A I do. Dad took the test on August 18th, 21 2009. He took the MMPI, the Stazi he took on August 25th, 22 2009. Mom took the MMPI August 7th, 2009, and the Stazi 23 July 23rd, 2009. 24 Q Did you have any additional interviews with 25 them since the July and August interviews? 51 Exhibit L 2013 Individual tax retum Name Dr Mrinalini Ponnambalam TFN Signature 2013 Individual Tax Return for the period 1 July 2012 to 30 June 2013 Your tax file number (TFN) Your name Title Sumame or family name Given names Has any part of your name changed since completing your last tax return? Your postal address Your home address Your date of birth Final tax return Your daytime phone number Electronic funds transfer (EFT) 19-Dec.13 10:03 Are you an Australian resident? Have you included any attachments? Dr Ponnambalam Mrinalini No Yoursex Yes No Female PO Box 180 Suburb Deakin West State ACT P/C 2600 46 Akame Circuit Suburb O'Malley State ACT P/C 2606 26/10/1972 No 0262324588 BSB number A/C number A/C Name ti PLAINTIFF'S § EXHIBIT c) PLTF 0343 2013IntliAduanaxretum Nam DrWinatiniPonnambalam TFN Signature Income Tax withheld income 1 Salary and wages Occupation Doctor - general practice Occupation Code Payer Name 253111 • . . . PayerABN PAYG Income Northern Adelaide Local Heatth Network 46 371 200 573 528,446 573,585 Optiheatth Pty Ltd 66 161 919 062 55,000 538,201 - .• , , , .,,,,,,,,,-,...,,,,, ,--,,,,, ...,.,..,.— -....,,,,,...,...- >,.,,=, ..-........,...,-,., i.,,,,,,, ,,,,,. ,,...,-, , ,,,,, ... .,,..,-,,,.— .,,,,,,,,,......-,....,....,,.-... : ,-. , — ,. :. -,,, $31,446.00 2 Allowances, earnings, Ups, director's fees, etc Payer 47,q PAYG income 5200.00 13 $109,786 $200 Total tax withheld $31,446 10 Gross interest Payer Name ANZ ANZ A1C number Share % TFN amount Net Interest 037 100.000% 514.00 672 100.000 % 51.00 18 Capital gains Did the taxpayer have a CGT event during the year? 19 Foreign entities 'Did you have either a direct or indirect interest in a controlled foreign company? .Have you ever, either directly or indirectly, caused the transfer of property including money - or services to a non-resident trust estate? _ . 20 Foreign source income and foreign assets or property DLiiing the year, did the taxpayer own, or have an interest in, assets located la ,outside Australia which had a total value of A$50,000 or more? Gross interes NO No No $15 TOTAL INCOME OR LOSS $110,001 Deductions D4 Work related self -education expenses D5 Other work related expenses CtescrIp6pn Internet Mobile Home Phone D $3,235 171 S rail we- ens sr r ••• eV, Amount 5120.00 588.00 570.00 $1,972 Rent 51,365.00 Home Office 5129.00 Overtime Meal Allowance 5200.00 • e n r,nill.,to .1 1,234 no.= ver,r,An'S Cr, rut. neT 1,, xislow.smote, D12 Personal superannuation contributions Fund parne 1,1,, • •• 4. V.' , Fund ABN Account Number Amount 50 - in $0 TOTAL DEDUCTIONS $5,207 TOTAL INCOME OR LOSS less TOTAL DEDUCTIONS $104,794 TAXABLE INCOME OR LOSS $104,794 Tax offsets and credits TOTAL TAX OFFSETS (Items T1, T3, T4, T5, T7, T8, T10 and T11) so 19 -Dec -13 1003 PLTF 0345 UTHAYASHANKER WIMALENDRAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 09-1403 Civil MRINALINI PONNAMBALAM , :CIVIL ACTION - LAW Defendant :IN CUSTODY CERTIFICATE OF SERVICE I, Uthayashanker Wimalendran, Pro se, do hereby certify that on this 22nd day of October 2014, I served a copy of "Plaintiff's Response to Defendant's Preliminary Objections" via email at dcantor@mwn.com: Date: October 22, 2014 BY: Debra D. Cantor, Esquire dcantor@mwn.com McNees, Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166 t,) Uthayashanker Wimalendran Defendant, Pro Se 4129 Shoreline Circle, #137 Virginia Beach, VA 23452 (757) 463 6865 Shane_wimalendran@hotmail.com