<P> The Convention requires the return of a child who was a "habitual resident" in a contracting party immediately before an action that constitutes a breach of custody or access rights . The Convention provides that all Contracting States, as well as any judicial and administrative bodies of those Contracting States, "shall act expeditiously in all proceedings seeking the return of a children" and that those institutions shall use the most expeditious procedures available to the end that final decision be made within six weeks from the date of commencement of the proceedings . </P> <P> The Convention provides that the removal or retention of a child is "wrongful" whenever: </P> <P> "a . It is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and </P> <P> "b . at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention ." These rights of custody may arise by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of the country of habitual residence . </P>

The hague convention on the civil aspects of international child abduction