In this action under the Hague Convention for the return of a child to Canada, her father is not judicially estopped from arguing against the mootness of his appeal by his prior assertion of a contrary position; the appeal is not moot simply because the child has been returned; the order that the child, who lacked the capacity to form her own intention regarding residency, be returned is affirmed since the custody agreement indicates a shared parental intention to abandon New York as her habitual residence.
December 27, 2004 at 12:00 AM
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