The supposed end of the injunction

On 10 January 2011 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.

Part of the terms of the injunction is that it must be served to the respondents within 14 days.

The order was served to me and the guy's 2nd ex-wife within that 14 day period, but not to my mum.

In February 2011, the guy files in an application to extend the validity of the injunction order. We found this rather strange as the terms of the injunction states that it is valid until his child custody proceedings have been concluded. So which is which?

My mum subsequently filed in a preliminary objection on grounds that the order was not served to her within the 14 day period. I filed in an application to set aside the injunction on grounds that all the allegations made by the guy is all fabricated and I am not a party to his child custody proceedings (hence no kes induk).

We also filed our affidavits to challenge the guy's application to extend the validity of the order.

After about four (4) months of affidavits flying around, on 15 June 2011 the courts determined that it would make a decision on the extension of the injunction on 3 August 2011.

On 3 August 2011, the Honourable Judge was on emergency leave. The replacement judge was willing to read out the court's decision, but to our horror, he said that the case file cannot be found anywhere in the Honourable Judge's room.

So it was decided that the courts will instead read out the decision on 19 October 2011.

The lawyers are also ordered to give an oral summary on the respondents' application to set aside the injunction.

We shall see what happens on 19 October 2011.