Pamela R. v. James N.

OPINION OF THE COURT

W. Dennis Duggan, J.

Issues

The legal issue to be determined in this case is whether proof beyond a reasonable doubt is required in a Family Court contempt proceeding that alleges a violation of a custody order. If so, this would follow from the rule recently announced by the Second Department in Matter of Rubackin v Rubackin (62 AD3d 11 [2009]), which applied the reasonable doubt standard to violations of Family Court orders of protection. If so, this would be contrary to the well-established rule in the Third Department that the appropriate burden of proof in all Family…