15Orders

#### 15 Orders (1) If a court is satisfied that it is desirable to do so, the court may, in relation to an application made under regulation 14: (a) make an order of a kind mentioned in that regulation; and (b) make any other order that the court considers to be appropriate to give effect to the Convention; and (c) include in an order to which paragraph (a) or (b) applies a condition that the court considers to be appropriate to give effect to the Convention. (2) A court must, so far as practicable, give to an application such priority as will ensure that the application is dealt with as quickly as a proper consideration of each matter relating to the application allows. (4) If an application made under regulation 14 is not determined by a court within the period of 42 days commencing on the day on which the application is filed: (a) the responsible Central Authority or Article 3 applicant who made the application may ask the relevant Registrar of the court to state in writing the reasons for the application not having been determined within that period; and (b) as soon as practicable after being asked, the relevant Registrar must give the statement to the responsible Central Authority or Article 3 applicant. (5) To avoid doubt, a court may make an order under paragraph (1)(b), or include a condition under paragraph (1)(c) in an order under paragraph (1)(a) or (b), for the purpose of reducing a risk referred to in paragraph 16(3)(b) regardless of whether the court is satisfied that: (a) the risk will eventuate, or is likely to eventuate; or (b) the risk has eventuated in the past. (6) In considering whether to include a condition under paragraph (1)(c) in an order under paragraph (1)(a) or (b), the court may have regard to the following matters: (a) whether compliance with the proposed condition will be reasonably practicable; (b) whether the condition is proportionate; (c) whether the condition would usurp the regular functions of the courts or authorities in the child’s state of habitual residence; (d) whether the condition would be enforceable in the jurisdiction or jurisdictions in which it would apply. (7) Subregulation (6) does not limit the matters to which the court may have regard in considering whether to include a condition under paragraph (1)(c) in an order under paragraph (1)(a) or (b).