Tuesday, 27 March 2012

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...

2 comments:

  1. I recently came across your blog and have been reading along. I thought I would leave my first comment. I don't know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.
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    1. Thanks for your feedback sheena. I would have thought that it's an awfully dry (and boring) subject... especially when the cases have been dragging for soooooo long

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