Paragraph

(1)

[Recognition and enforcement may also be refused] on any of the following grounds:

(a)

if it is found that the effects of the decision are manifestly incompatible with the fundamental principles of the law relating to the family and children in the State addressed;

(b)

if it is found that by reason of a change in the circumstances including the passage of time but not including a mere change in the residence of the child after an improper removal, the effects of the original decision are manifestly no longer in accordance with the welfare of the child;

(c)

if at the time when the proceedings were instituted in the State of origin:

the child was a national of the State addressed or was habitually resident there and no such connection existed with the State of origin;

ii.

the child was a national both of the State of origin and of the State addressed and was habitually resident in the State addressed;

(d)

if the decision is incompatible with a decision given in the State addressed or enforceable in that State after being given in a third State, pursuant to proceedings begun before the submission of the request for recognition or enforcement, and if the refusal is in accordance with the welfare of the child.

(2)

Proceedings for recognition or enforcement may be adjourned on any of the following grounds:

(a)

if an ordinary form of review of the original decision has been commenced;

(b)

if proceedings relating to the custody of the child, commenced before the proceedings in the State of origin were instituted, are pending in the State addressed;

(c)

if another decision concerning the custody of the child is the subject of proceedings for enforcement or of any other proceedings concerning the recognition of the decision.

Notes on Schedule 2

Modifications

C1

Sch. 2 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch.

Sch. 2 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.