Valid from 01/10/2007
RecognitionE+W
19(1)A protective measure taken in relation to an adult under the law of a country other than England and Wales is to be recognised in England and Wales if it was taken on the ground that the adult is habitually resident in the other country.E+W
(2)A protective measure taken in relation to an adult under the law of a Convention country other than England and Wales is to be recognised in England and Wales 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 thinks 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)It may also disapply this paragraph in relation to a measure if it thinks 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 England and Wales, or
(c)the measure is inconsistent with one subsequently taken, or recognised, in England and Wales in relation to the adult.
(5)And the court may 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 thinks that that Article has not been complied with in connection with that matter.
20(1)An interested person may apply to the court for a declaration as to whether a protective measure taken under the law of a country other than England and Wales is to be recognised in England and Wales.E+W
(2)No permission is required for an application to the court under this paragraph.
21E+WFor the purposes of paragraphs 19 and 20, any finding of fact relied on when the measure was taken is conclusive.