“The Petitioner filed a petition with the Portsmouth Family Division to prevent the Respondent from traveling to India with the parties’ minor child. She argued that she was fearful the Respondent would not return. The Marital Master found that the Respondent presented no risk of flight, and denied the Petitioner’s Motion. The Petitioner appealed the issue to the Supreme Court arguing that because India was not a signatory to the Hague Convention, her fears of child abduction were credible.

The New Hampshire Supreme Court held that while a foreign country’s Hague Convention signatory status should be a significant factor for the trial court to consider, it cannot, standing alone, be determinative of whether it is in the best interests of a child to travel with the parent outside of the country. As a result of this decision, the Petitioner has been able to enjoy international travel with the minor child, to India where his extended family continues to reside.”