11.
| (1) The High Court may refuse to make an order under section 10 for the return of a child to the specified country in which that child has his or her habitual residence if the person or body opposing such return satisfies the Court that
| | (a) the person, institution or other body having the care of the person of the child was not exercising such rights of custody at the time of removal or retention, as the case may be, or had consented to, or subsequently acquiesced in, such removal of retention, as the case may be ; or | | |
| | (b) there is grave risk that the child's return would expose the child to physical or psychological harm of otherwise place the child in an intolerable situation | | |
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| (2) The High Court may refuse to make an order under section 10 for the return of a child to the specified country in which that child has his or her habitual residence, if the child objects to being returned and the court is satisfied that the child has attained an age and a degree of maturity at which it is appropriate to take account of the child's views. |
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| (3)In exercising its powers under subsections (1) or (2), the High Court shall have regard to any information relating to the social background of the child provided by the appropriate authority of the specified country in which that child has his or her habitual residence. |
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| (4)The High Court shall not refuse to make an order under section 10 for the return of a child to the specified country in which that child has his or her habitual residence, on the ground only that there is in force, a decision of a court in Sri Lanka or a decision entitled to be recognized by a court in Sri Lanka relating to the custody of such child, but the High Court shall, in making an order under section 10, take into account the reasons for such decision. |
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Sri Lanka Consolidated Acts