H v S [2011] EWHC B23 (Fam) (18 November 2011)

The Court determined the question of whether for the purposes of English divorcer and connected proceedings a Talaq pronounced by the respondent Husband in Jeddah in Saudi Arabia and placed by Deed of confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The court answered the question in the affirmative.

AJ v JJ & Ors [2011] EWCA Civ 1448 (02 December 2011)

The CA allowed the appeal of three children in respect of a order for their return under the provisions of the Hague Convention to Poland. The matter was remitted for re-hearing for the Judge in the light of the children’s objections to return to exercise discretion as to whether this should nevertheless be ordered.

S v C [2011] EWCA Civ 1385 (02 December 2011)

The CA allowed a Father’s appeal against the refusal the court below to order summary return of his child to Australia. The CA held that the court below had not directed itself correctly as to the impact of the Supreme COurt judgment in Re E.The CA criticised utilisation of paragraph 36 of Re E as directions in Hague Convention cases.

Lukanda v Birungi [2011] EWCA Civ 1520 (17 November 2011)

The CA allowed an appeal in respect of nullity proceedings. A significant disputed element in the hearing below was a certificate which puported to be a Ugandan marriage certificate. The CA held that given that this was on the face of it authenticated by various Ugandan authorities it should have been presumed to be valid and the burden fall on the party seeking to show it was not valid. The matter was remitted for re-hearing as these issues had not been considered below.