Second, return is not required if the petitioner was not actually exercising custody rights at the time of removal or retention. Third, return is not required if the respondent can show the petitioner assented or acquiesced in either the removal or the retention; the court is not required to order the return if the respondent establishes that a grave risk of physical or psychological harm exists to the child if returned to the country. Finally, Article 20 of the Hague Convention allows the court to refuse to return the child if this would not be permitted by the fundamental principles of the requested country relating to the protections of human rights and fundamental freedom. Federal law gives concurrent jurisdiction to state and federal courts in Hague Convention cases. New Hampshire has one reported case decided under the Hague Convention. In Currier v. Currier, the father, a New Hampshire resident, was found to have wrongfully removed the children from their habitual residence, Germany.
The father told the Herald the documents were private and declined to comment.