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HC: Family Division (Uganda)

The Family Division was created in  April 2005 as a division of the high court that handles: Administration causes, Family causes, (Adoption, Guardianship, Affiliation/maintenance), Miscellaneous causes, Miscellaneous applications, Civil appeals, Civil suits, Originating summons, Civil revisions and Divorce cases.

Physical address
Makindye Chief Magistrates' Court at Mobutu Road .
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https://judiciary.go.ug/data/smenu/15/Family%20Division.html
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5 judgments
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April 2023
Kalungi and Another v Kaganda (Miscellaneous Application 860 of 2022) [2023] UGHCFD 88 (28 April 2023)
Application to substitute plaintiffs dismissed for lack of evidence of plaintiff's absence and abuse of court process.
Civil procedure — substitution/addition of plaintiffs — Order 1 rr.1 & 13 — substitution only in interest of justice, avoid multiplicity of suits — requirement to prove plaintiff's absence or inability to continue — abuse of process — dismissal with costs.
 28 April 2023
Kwesiga v Nankunda (Miscellaneous Application 822 of 2022) [2023] UGHCFD 86 (21 April 2023)
Court found respondent in contempt for removing the child abroad, ordered return and barred further removal without consent.
Family law – custody – variation of custody orders and enforcement; Contempt of court – civil contempt for disobedience of custody orders; Jurisdiction – High Court’s power to determine custody despite alleged foreign domicile; Evidence – admissibility and probative value of passport as proof of nationality; Remedies – return order, prohibition on removal, costs.
 21 April 2023
In the Matter of Adoption by Kabera (Adoption Cause 28 of 2022) [2023] UGHCFD 87 (20 April 2023)
Application for adoption by a foreign national dismissed because absence of the child’s birth certificate prevented statutory age and identity determination.
Adoption law – Children Act ss.45–47 – age requirement and mandatory age difference for adopter and child. Adoption by non‑citizens – s.46 exceptional criteria (residency, foster care under supervision, no criminal record, recommendation, recognition). Evidence – birth certificate as best evidence of age and identity; effect of its absence. Procedure – requirement for foreign adopters to engage National Alternative Care Panel.
 20 April 2023
In the matter for a Petition for An Adoption by DorotheeMarie and Batke (Adoption Cause 26 of 2022) [2023] UGHCFD 43 (14 April 2023)
Foreign nationals who meet statutory requirements and foster a Ugandan child may adopt if adoption serves the child's best interests.
Adoption law — Children Act (ss.45–47, 46(1), 46(4)) — Exceptional adoption by non-citizens — residence and fostering requirements — consent of parent and child (14+) — best interests/welfare principle — waiver of home-country report — registration and recognition of adoption.
 14 April 2023
In the matter of an application for legal guardianship by Mujabi Kiwalya (Family Cause 74 of 2022) [2023] UGHCFD 85 (4 April 2023)
High Court appointed applicants as legal guardians, finding the guardianship and travel permissions were in the children’s best interests.
Family law – Guardianship – Appointment of legal guardians of minors; consent of biological mother and children considered. Jurisdiction – High Court’s unlimited original jurisdiction under Constitution, Judicature Act and Civil Procedure Act to hear guardianship application. Children’s welfare – Best interests of the child as the paramount consideration; parental responsibility and maintenance obligations. Evidence – Use of custody consent, birth and travel documents, probation/social welfare report and police clearance in guardianship determinations.
 4 April 2023