Paragraph 20

Not yet in force

(1)

A protective measure taken in relation to an adult under the law of a country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on the ground that the adult is habitually resident in the other country.

(2)

A protective measure taken in relation to an adult under the law of a Convention country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on a ground mentioned in Chapter 2 (jurisdiction).

(3)

But the court may disapply this paragraph in relation to a measure if it considers that—

(a)

the case in which the measure was taken was not urgent;

(b)

the adult was not given an opportunity to be heard; and

(c)

that omission amounted to a breach of natural justice.

(4)

The court may also disapply this paragraph in relation to a measure if it considers that—

(a)

recognition of the measure would be manifestly contrary to public policy;

(b)

the measure would be inconsistent with a mandatory provision of the law of Northern Ireland; or

(c)

the measure is inconsistent with one subsequently taken, or recognised, in Northern Ireland in relation to the adult.

(5)

The court may also disapply this paragraph in relation to a measure taken under the law of a Convention country in a matter to which Article 33 applies, if the court considers that that Article has not been complied with in connection with that matter.