Matter of Marcello OO. v Jayne PP.

Holding The Appellate Division affirmed the Family Court’s dismissal of the father’s contempt petitions, finding he failed to prove by clear and convincing evidence that the mother violated the custody and visitation orders. The court determined the father’s testimony lacked specificity regarding missed visits and calls, and he did not demonstrate that the mother’s conduct intentionally impaired his rights.

The court’s words

failed to establish, by clear and convincing evidence, any violation of the relevant orders

2026 NY Slip Op 05578, at the official text

failed to substantiate his allegations that the mother interfered with his supervised parenting time and telephone contact with any specificity

2026 NY Slip Op 05578, at the official text

unable to identify dates on which calls were missed, nor did he establish that any missed communication resulted from the mother's intentional conduct

2026 NY Slip Op 05578, at the official text