Delay delay delay - Part 4

As mentioned in my previous post, I filed an application to vary my ex-wife's visitation rights. The application was filed on grounds that

1. my ex-wife had totally disregarded two court orders issued in the months of November and December 2010 to return the children to me; and
2. the dispicable acts that she committed on the children during that time.

In January 2012, the Honourable Judge had set 12 March 2012 as the date for both parties to file in their "Hujah Bertulis" or written summary. My ex-wife's legal counsel had previously delayed the case for 2 months just to confirm whether or not they have received my pleadings.

This time... their excuse is that they needed more time. Two whole months is not enough to draft and file in a written summary???

Prior to that, I had pushed my legal counsel's staff to issue a reminder to my ex-wife's lawyers to avoid any further delays. For reasons unknown to me (perhaps he was too busy with too many cases and could not focus on mine), my legal counsel kept quiet.

Thankfully, the Honourable Judge set mid-April 2012 as the date for his to deliver his judgement. My ex-wife's team of legal counsels are to file their written submissions at least 2 weeks prior to the judgement date.

Mid-April 2012 was also set for both parties to submit the written submission for the contempt case against my ex-wife. Let's see what further delaying tactics they'll throw in...

Delay delay delay - Part 3

8 February 2012 was the date that I have been waiting for. It was my 4th attempt to start the child custody hearing. All my previous attempts have been stalled by my ex-wife's team of legal counsels on frivolous grounds such as

1. the need for a written statement affidavit to expedite the hearing;
2. the contents of the written statement affidavit (after submitting the same to the Syariah High Court) is purportedly not relevant;
3. the child custody proceedings should not proceed until her application to nullify my previous marriage with her is decided; and
4. my wife has filed in an application to suspend all other case proceedings pending the outcome of the application mentioned in item 3 above (just an application... NO court order yet!)

On 8 February 2012, my ex-wife's team of legal counsel informed the Honourable Judge that my ex-wife wants to seek an out of court settlement. I was not convinced but my legal counsel was of the view that it may be worth giving them 1 week. Afterall, there was another hearing date the following week.

The Honourable Judge allowed for the hearing to be adjounred to the following week whilst both parties try to agree on a settlement.

As I had expected, my ex-wife didn't even bother to offer any settlement proposal.

Then came the next hearing date. My legal counsel explained to the Honourable Judge that no settlement proposal was tabled and in response mex-wife's team of lawyers suggested to the Honourable Judge that the case be decided by the children. Let the children themselves decide who they want to be with.

Again I was not too comfortable. What are they up to? Why are they trying to avoid the hearing at all cost???

In order to cut short the lenghty legal process, my legal counsel agreed to the request. Then came the curve ball.

My ex-wife's lawyers requested for the children to spend time with my ex-wife for a week and for the children to make their decision immediately after that. They also requested for the Honourable Judge to read a child psyciatric report which they attached in their pleadings.

The Honourable Judge then decided that the children are to stay with my ex-wife during the 1 week shool holidays, and thereafter with me. He will then see the children at the end of March.

Looks like there will be no hearing afterall...

Delay delay delay - Part 2

As previously mentioned, my ex-wife's husband had obtained an ex-parte injunction against me, my mother and his 2nd ex-wife from going anywhere near him and his children.

We subsequently filed in an application to set aside the injunction and the matter was fixed for verbal summary by both parties on 7 December 2011.

All partied turned up on the date, but the opposing legal counsel tried to postpone the proceedings by claiming that the pleadings have not been served to him. My legal counsel presented to the Syariah High Court the proof of delivery of documents and the Honourable Judge decided that the matter should proceed.

After my legal counsel had delivered his verbal summary, the opposing legal counsel requested for another date for him to deliver his verbal summary on grounds that he needs to review the pleadings.

The matter was then fixed for 18 January 2012. However, the matter was again delayed (the Honourable Judge was scheduled to attend a course) with the next date set for April 2012.

Delay delay delay - Part 1

As mentioned in my previous post, I filed an application to vary my ex-wife's visitation rights. The application was filed on grounds that

1. my ex-wife had totally disregarded two court orders issued in the months of November and December 2010 to return the children to me; and
2. the dispicable acts that she committed on the children during that time.

The Syariah High Court had fixed a mention date on 10 November 2011 for me to file in my Affidavit Balasan. The affidavit have been read prior to that and was to be served on my ex-wife's legal consel on the mention date. For reasons beyond my knowledge, my Syariah Lawyer's legal assistant failed to turn up in Court that morning.

That being the case, I told the Honourable Judge that the affidavit will be sent to my ex-wife's legal counsel. My ex-wife's legal counsel took advantage of it by asking for another mention date to confirm receipt of the affidavit. Much to my disgust, the next mention date was set for January 2012. Two months to confirm receipt of affidavit???