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Changes/Variations in Court Order (dipinda agar)

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asked on May 29, 2016 at 07:52
by   jeff005
edited on Jun 1, 2016 at 22:36
 
Dear Fellow Forumers
Dear Friends

It is now my turn to be summon to the High Court.
I am very bad in court procedures and in Bahasa Melayu.
I am in utter confusion now as I was suppose to start work in Thailand this coming 1st June.
I need input of advises/comments/personal opinions.
Please help if it is within your knowledge.
Thanking you all in advance.

As usual, the Pemohon Lawyers send the documents to me at the very last minute.
My son received it by hand service at about 10am this morning (28 May) when I was at the market.
He signed receipt without knowing the contents.

I have not yet received the "Ex Parte Order" granted by the High Court dated 23/05.

My question is
HOW DO YOU POSTPONE THIS HEARING/CASE MANAGEMENT FROM 08/06 TILL I COME BACK AFTER 24/06.? As I will flying by Monday (30th) 6am flight. I have two way ticket to prove I have bought it a month ago.

To the Editor
Please allow me to post it in this section as most of friends are accessing this section. I need help and advises on court procedures urgently.
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answered on May 29, 2016 at 07:56
by   jeff005
edited May 29, 2016 at 07:58
by   jeff005
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answered on May 29, 2016 at 08:00
by   jeff005
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answered on May 29, 2016 at 12:20
by   vkpc
You can ask a friend or relative to attend Court and ask for postponement.
Reasons :-
a. By law, summons must be served at least 14 days before hearing day.
b. Show proof of flight tickets already bought earlier.

I thought you already decided not to fight this?
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answered on May 29, 2016 at 14:17
by   vkpc
But if you decide to fight, you can swear a reply affidavit saying that :-

a.  You are a businessman, not a wage earner
b.  She frequently works late and works on weekends and no time for your son
c.  Your son prefers to stay with you 
d.  She brings foreign boyfriends to the house in full view of your son
e.  She may migrate overseas and take your son along which is unfair to you
f.  She may change your son's religion if granted full custody
g.  There is no reason to change the terms of the decree nisi
h.  Applicant ( pemohon ) to pay costs
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answered on May 29, 2016 at 17:51
by   jeff005
edited May 29, 2016 at 18:27
by   jeff005
vkpc

Thank you very much for your advice.

I have decided to let go earlier as I am going over to Thailand for Capital Venture Business and was ready to grant her daily overnight access.  but not Full Legal Custody.

I really do not want or what to fight. But my 3 other eldest children is not happy that they would not be able to see and be with this youngest brother. Although they, being step siblings, there is no doubt, the youngest is the pet of the family. Since 10 years ago, they have been living in the same family house and collectively help to care, teach, play and monitor him. The deep feelings has been entrenched.

If I do not fight, I just do not need to attend and just incur minimum court costs. But how to collect from me as I am 3,000km away in a remote farmland?
But in doing so, it is pure admission of so many lies and deceit and malicious assumptions in her sokongan affidavit. Some of which with reference to step brothers which are 100% untrue.
As at previous months, I am not in gainful employment, now is actually a different situation.

Thank you again

Jeff Lee
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answered on May 29, 2016 at 18:22
by   jeff005
edited May 29, 2016 at 18:26
by   jeff005
@ vkpc

reply affidavit 
b.  She frequently works late and works on weekends and no time for your son 
c.  Your son prefers to stay with you 
e.  She may migrate overseas and take your son along which is unfair to you 
f.  She may change your son's religion if granted full custody 
>>>>>> 100% true and accurate

d.  She brings foreign boyfriends to the house in full view of your son 
Can't use this one as son has not seen any of them in her house as he is with me 80% of material time but did meet a couple of them at cafes. She has driven a different car recently. But my son dare not ask much as she is a tiger mother. Her reply is just "rented car at rm50/day". There is no doubt in my mind that she is a loving mother. But her attention towards the son has waned down since knowing the "teman lelaki" which was even mentioned is the Court Order. The son felt it too.

Please add if you have more suggestions, TQ.

g.  There is no reason to change the terms of the decree nisi
For the same token, can I "ride" on this very summons and request for "Full Legal Custody" but allowing her weekend overnight access?

I am wondering if rayna has come across such cases.

Thanks again
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answered on May 29, 2016 at 22:24
by   kiki
Please take note that the matter is fixed for mention before the Kuala Lumpur High Court (family)Deputy Registrar on 08/06/2016. at 9 am Aras 3, tengah, Kamar Bicara, Kompleks Mahkamah Kuala Lumpur.
Jeff,

I would NOT advice you either, to contest or not to contest as it is very much your personal  family matter.

But if you decide to contest and at the same time making the Thailand Trip is equally important to you then postpone it by way of vkpc advice.

Get your eldest son or daughter to attend it.  
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answered on May 29, 2016 at 23:19
by   jeff005
edited May 30, 2016 at 00:03
by   jeff005
@ kiki

Thanks.. given all relevant docs this morning to my friend Robert Tan who is very free..
He is 65 and would screw up any lawyers.

Some the things I have done is not posted here as my ex is fully aware of this forum.
My business contract would be ready in english the moment I reach the remote farm. Signed stamped and will be emailed my daughter.
So now my ex current lawyer is also watching what I will be doing next.

They will vomit blood if they see my answers to their sokong affidavit.
After that I will file a complaint to the Bar Council
Her lawyer has used her handphone to Threaten me..!!
Now I got his name and telephone numbers and email address I can file the complaint. Just pay Rm100. I have had done that to the first divorce lawyer too.
 
Ever notice why the Court Order even specified her lawyers and "teman lelaki".

Thanks again.
Every comments strengthen my commitment to fight to the last breath as I do not have much breath.
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answered on May 29, 2016 at 23:52
by   kiki
 the moment I reach the remote farm.
Best of lucks in your future undertakings, Jeff
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answered on May 29, 2016 at 23:59
by   jeff005
Thanks alot mate..

Will be back frequently for this court case..
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