Saturday 16 April 2011

Defence - Part 3

I divorced my ex-wife on 25 September 2009.

Just prior to the divorce, she applied for an intervener for her mum to be included as a defendant in the Hadhanah case.

On 9 November 2009, she obtained a ex-parte court order from Mahkamah Tinggi Syariah Shah Alam which grants her visitation. As mentioned earlier, her application was on grounds that I had purportedly disallowed her any visitation whatsoever.

The real purpose of obtaining "formal" visitation was purely to gain access to indoctrinate the children again.

It all started on 16 July 2009, the date I served the ex-parte custody order to my ex-wife. That was the day she realised that I not only knew of her extra marital affair, but I had considerable evidence to prove it.

About a year before that, she had stopped sleeping in the master bedroom with me and the children. She slept alone in my daughter's room. She claims that she suffers from backaches and that the orthopedic matress in my daughter's room reduces her backpains. She also didn't allow me or the children to sleep with her claiming that she needed a good night's sleep.

However, based on her cellphone bill, it is clear to me that the purpose of secluding herself was to make calls and exchange SMSes with her boyfriend late at night and/or in early hours of the morning.

After being served with the ex-parte custody order on 16 July 2009, she suddenly insisted on sleeping with the children. Strange isn't it? She also took steps to severe all contact between my family and the children. My children were threatened and scolded everytime they went to see my parents. She would also ask her father to come to the house whenever she is not around to ensure that the children don't go and see my parents.

Due to the mental duress and the indoctrination from my ex-wife, the children started to be terrified of me. They were even too scared to go out with me for a ride in the car which they so freqently enjoy every evening.

It was blatantly clear that she was brainwashing and mentally torturing the children.

This continued even after she obtained the ex-parte visitation order. That was her objective. To gain access to brainwash and indoctrinate the children again. She was not interested in the children's welfare. This was evident when my children complained that my ex-wife would leave them in the office or at her sister's house while she disappears and returns home late at night. We later found out that she was helping her boyfriend renovate and move to his (and later their) new house.

During a case mention on 21 December 2009, we applied for an intervener to include my mum as a plaintif in the Hadhanah case. No less than 5 hours after that, my ex-wife was caught for khalwat with her boyfriend at her boyfriend's house. The children was supposed to be under her care at that time!

With strong evidence of her extra marital affair and now khalwat, her chances of getting custody appears to be extremely bleak. As expected, she got desperate.

The only way for her to win custody now was to present to the courts that my mum and I are of considerably far worse character than her. She took my children to see a child psychologist and forced them to tell the doctor that my mum had molested my son. They were also forced to tell the doctor that I was well aware it and I told them to keep it a secret.

I knew nothing of what she was doing until one day, my chilren told me that Dr K wanted to see me. I contacted Dr K and introduced myself. Dr K's immediate words to me was "I want to see you together with your children urgently".

On 6 April 2010, I brought my children to see Dr K. She interviewed the children and after the session, I had one of the biggest surprises of my life. Dr K told me that the children had previously told her that
  1. I was the one having an affair (with my ex-wife's boyfriend's 2nd wife)
  2. My mum have been molesting my son
  3. I was well aware of it
However, being a child psychologist, Dr K was able to see that the children were under duress from my ex-wife. Dr K also told me that my ex-wife had requested for a report to be issued. Dr K was reluctant but had issued a qualified interim report.

I was sure that it would NOT end there. Knowing my ex-wife and her unsavoury advisor, they were definitely up to something bigger.

I checked with the police, and I was horrified to find out that my ex-wife has lodged a police report on 1 April 2010 against my mum for child sexual abuse. The police had opened the case and was investigating my mum under Section 377E of the Penal Code. We were subsequently called to IPD Shah Alam to to have our statements taken. We also learnt that my ex-wife has brought the children to the Child Protection Unit ("CPU") in Bukit Aman.

Under the Evidence Of Child Witness Act 2007, only recordings of children made by the police may be used as evidence in court. The police has a unit under the CPU for this purpose.

In the end, after 6 months of investigations and upon instructions by the Deputy Public Prosecutor, the police had classified the case as NFA (No Further Action). This was just the start...

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