Article 13 Refusal of recognition or enforcementE1

England, Wales and Northern Ireland

The recognition and, where applicable, the enforcement of the protection measure shall be refused, upon application by the person causing the risk, to the extent such recognition is:

(a)

manifestly contrary to public policy in F1England and Wales, or Northern Ireland (as the case may be); or

(b)

irreconcilable with a judgment given or recognised in F2England and Wales, or Northern Ireland (as the case may be).

F32.

The application for refusal of recognition or enforcement of a protection measure must be made to the competent court.

The recognition of the protection measure may not be refused on the ground that the law of F4England and Wales, or Northern Ireland (as the case may be) does not allow for such a measure based on the same facts.

Annotations

Textual amendments

F1: Words in Art. 13(1)(a) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 13(1)(b) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Art. 13(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(c) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 13(3) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(d) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only