In Re Marriage of Malak

Abdul Latif Malak (husband) has appealed from orders of the trial court entered on September 21, 1983, (1) denying his motion to enforce a child custody decree issued by the Sherei Sunnit Court, Beirut, Lebanon; (2) finding that whether California had subject matter jurisdiction of the issue of child custody was to be investigated and determined at a subsequent hearing; and (3) awarding wife attorney’s fees in the sum of $2,500 and costs of $27.25.

While this appeal was pending, the trial court on August 14, 1985, determined California did not have subject matter jurisdiction over the issue of child custody. That order became final and husband, who now has the children with him in the United Arab Emirates, has withdrawn his appeal on the issue of subject matter jurisdiction.

Laila Sawaya Malak (wife) cross-appeals from the trial court’s order of the same date quashing service on husband of summons issued on wife’s petition for dissolution of marriage, the trial court determining it lacked personal jurisdiction over husband.

We conclude the court correctly determined it did not have in personam jurisdiction over husband. We further decide that the court erred in…