In response, in December 2010 my ex-wife's husband applied for an ex-parte injunction to prevent me and my mum from going within 100 metres of him and his two children and to prevent his 2nd ex-wife from bringing his children to see me and my mum. I just cannot understand the logic of his actions as it is obviously clear that he and his team of lawyers were overreacting (at best) and didn't put much thought into such actions.
Sadly, (being an ex-parte application) the injunction was granted on 10 January 2011.
Even worse, the injuction that I obtained in October 2010 was subsequently set aside in February 2011. To put it bluntly, I reckon it was something that my legal advisors may have overlooked. Pursuant to an Arahan Amalan Mahkamah Syariah, ex-parte injunctions are only valid for 30 days, unless granted otherwise by the courts. The injunction order was silent on the validity period, hence my ex-wife's husband's lawyers pounced on this ommision and got the injunction swiftly set aside. I was also made to understand that the injucntion was also set aside on technical grounds, i.e. the injunction was premised on my child custody proceedings and he is not a party to the said proceedings.
In February 2011, my mum, the 2nd ex-wife and I immediately filed an application to set aside my ex-wife's husband's injuction order. At the same time, he also filed in an application to extend the validity period of his injunction order. We were rather surprised by his action as the said injunction says that the it is valid up to
- the date his child custody proceedings are concluded
- the date another order is obtained to the contrary
