Father seeks RM25m from govt over ex-wife running off with kids to NZ

 

A father has hauled to court his ex-wife for allegedly running off with their two kids to New Zealand four years ago.

Mohd Saleem Mohamad Aslam, as well as his older sister Kalsum’s civil action, also seek to compel the Malaysian government to pay RM25 million in compensation over the purported incident in 2018.

Saleem, 34, and Kalsum, 38, filed the writ of summons at the Kuala Lumpur High Court on May 10 against his former wife Faith Kimberly Hepburn @ Ashalina Hepburn Abdullah and six others.

The six other defendants are the Immigration director-general, Kuala Lumpur International Airport (KLIA) Immigration director, an Immigration officer, a lawyer, and the Malaysian government.

According to court papers sighted by Malaysiakini, the immigration officer and lawyer were alleged to have conspired with Hepburn concerning the incident.

Back on July 23, 2018, during a press conference at the Bukit Gasing state assemblyperson’s office, Saleem had pleaded for Hepburn to return their son and daughter, now aged 10 and eight.

He had told the media then that he did not know the whereabouts of his two children, following the kids being allegedly spirited away by his former wife from a kindergarten in Petaling Jaya on March 8 that year.

Saleem then had also demanded that the police and Immigration Department reveal the status and location of his two children. Kalsum was present during the press briefing.

However, according to the suit’s cause papers, Saleem and Kalsum managed to bring back the children from New Zealand in December 2019.

According to a copy of the writ of summons, Saleem and Kalsum seek for the Immigration director-general, KLIA immigration director, the immigration officer and the Malaysian government to pay RM25 million in general damages over alleged shirking of duties.

The two plaintiffs seek special damages of NZ$146,964.60 and RM404,265.39 from all seven defendants over their negligence or alleged conspiracy that allowed the two children to leave Malaysia.

Children taken out of the country

In their statement of claim, Saleem and Hepburn married on June 27, 2012, but their union was officially dissolved in October 2016.

The plaintiff claimed that the Syariah Court in July 2017 retracted the temporary custody order over the children from Hepburn, following her allegedly suddenly disappearing without a word to even her lawyer.

Saleem claimed that at 12.30pm on March 8, 2018, Kalsum was informed by the kindergarten that Hepburn had come to the school earlier, at around 9am, to pick up the kids with the excuse of a dental appointment for them.

He claimed Kalsum was informed by the kindergarten that Hepburn told the school that she would return the kids within an hour’s time.

After being notified by Kalsum about this, Saleem lodged a police report. The brother and sister later lodged a report with the Immigration Department over concerns the children would be taken out of the country.

Saleem then had also filed an application before the Syariah Court for permanent custody of the kids.

He claimed on April 9, 2018, the Immigration authorities told the siblings that Hepburn and the two children were still in Malaysia.

However, Saleem said that on June 22 the same year, the police told Kalsum via a letter that Hepburn and the children had left the country a few months earlier on March 8.

He said that on Nov 22 that year, Interpol Malaysia told them that his ex-wife and the two children had flown to New Zealand earlier on March 10.

Saleem alleged that later on May 15 2019, he and Kalsum went to New Zealand to bring back the two children.

Saleem claimed the children were left in the care of a non-Muslim family in a remote location in New Zealand, while Hepburn and her alleged lover from Kazakhstan had purportedly earlier flew off to his homeland (Kazakhstan).

He said that his former wife and her new lover were already together in Malaysia as far back as 2017, and that the duo left Malaysia with the two children to New Zealand.

He claimed that after a protracted process of 10 months, the New Zealand Family Court in New Plymouth, New Zealand, had granted him and Kalsum custody of the two children. Then they returned to Malaysia.

“Due to there being leakages (ketirisan) and dishonesty on the part of those involved, the plaintiffs from the very beginning were faced with numerous difficulties in tracing the actual whereabouts and destination of the children,” he said.

When contacted by Malaysiakini recently, a representative from law firm Haziq A Subhi & Co - who represented the plaintiffs - said the suit is fixed for case management on June 22. - Mkini