Document ID: chunk:federal_register_of_legislation:F2024C01169:schedule:1:p3
Version: federal_register_of_legislation:F2024C01169
Segment Type: schedule
Provision Reference: sch 1 (pt 3/10)
Character Range: 35687–38432

(c) ceases as from the date of the notice if the payee has his or her habitual residence in the other Contracting State; and

       (b) the decision of the administrative authority has force and effect for the period prior to the date of receipt by the administrative authority of the notice.

3 Where a payee has his or her habitual residence in a Contracting State, and there is in force a decision by a judicial or administrative authority of that Contracting State:

       (a) an administrative authority of the other Contracting State has no jurisdiction to make or modify a decision referred to in Article 1.2(a), (b) or (c); and

       (b) a decision of an administrative authority of the other Contracting State to make or modify a decision referred to in Article 1.2(a), (b) or (c) has no force and effect.

PART III
Applicable law

Article 6
Applicable law

1 Subject to Article 6.2, the administrative and judicial authorities of a Contracting State shall apply the national law of that State in exercising jurisdiction to make a decision.

2 Where a payer has a duty to pay child support to payees in both Contracting States, and administrative assessments may be issued in relation to that payer under the national laws of both Contracting States, the amount payable by the payer under any administrative assessment issued by an authority of a Contracting State shall be calculated according to the proportion which the number of eligible children in the Contracting State bears to the total number of eligible children in both Contracting States.

PART IV
RECOGNITION AND EnforceMENT

Article 7
Recognition and enforcement

1 A decision made by an administrative or judicial authority of a Contracting State (the State of origin) is entitled to recognition and enforcement by operation of law in the territory of the other Contracting State (the State addressed).

2 Recognition or enforcement of a decision may be refused by an administrative or judicial authority of the State addressed:

       (a) if the administrative or judicial authority of the State of origin did not have jurisdiction under Article 4, 5 or 11; or

       (b) if recognition or enforcement is incompatible with the public policy of the State addressed; or

       (c) if the decision was obtained by fraud.

3 Subject to Article 7.2(a), where a decision is incompatible with a previous decision made by an authority in a Contracting State between the same parties and having the same purpose:

       (a) the earlier decision shall be recognised and enforced with effect up to but excluding the day on which the later decision was made; and

       (b) the later decision shall be recognised and enforced with effect from and including the day on which