PUTRAJAYA: The Federal Court has set the stage for a "dramatic" family reunion, ordering the parents in a high-profile custody battle to bring their children on decision day.
The panel lead by Court of Appeal president Justice Md Raus Sharif made the order after deciding that the verdict would be delivered on another date.
"We will send notice ahead of this date. We expect both children to be present," said Justice Md Raus.
The five-man panel also included Chief Justice of Malaya Zulkefli Ahmad Makinudin, Justices Abdull Hamid Embong, Suriyadi Halim Omar and Azahar Mohamed.
The court was hearing an appeal by Muslim convert Izwan Abdullah against a ruling, which awarded custody to his ex-wife S. Deepa.
Izwan has seven-year-old Nabil in his care, while 10-year-old Nur Nabila was with her mother.
Thursday’s submissions were on two questions of law - firstly, in the context of Article 121(1A) of the Federal Constitution, whether the Syariah or civil court has jurisdiction to make a conflicting custody order.
The second question was if, on interpretation of Sections 52 and 53 of the Child Act 2001, could a civil court grant a retrieval order when there was an existing custody order given by the Syariah Court.
Deepa was represented by lawyers Fahri Azzat and Aston Paiva, while Mohamed Haniff Khatri acted for Izwan. Senior Federal Council Suzana Atan acted for the Attorney-General’s Chambers (AGC).
The AGC was acting as an intervenor on behalf of Inspector-General of Police Tan Sri Khalid Abu Bakar to set aside the order to compel the police chief to recover the child.
On Dec 17 last year, the Court of Appeal upheld the Seremban High Court's decision to give custody to Deepa, despite a conflicting custody ruling by the Seremban Syariah court.
Izwan, formerly known as N. Viran, unilaterally converted the children - Nur Nabila @ V. Sharmila, 10, and Nabil @ V. Mithran, seven - without Deepa’s knowledge in April 2013.
He then went to the Seremban Syariah Court, where he was given custody of the children.
The Seremban High Court later decided that custody belonged to Deepa.
Despite this, Izwan was reported to have taken away Nabil on April 9, 2014.
On May 21, the High Court ordered that Nabil be returned to Deepa, and gave authority to the police to assist her in getting the child back.
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