Pereira v. Pereira

Summary

In *Pereira v. Pereira*, 35 N.Y.2d 301 (1974), the New York Court of Appeals held that polygraph test results are inadmissible in civil contempt proceedings absent a stipulation explicitly providing for their use in court and a showing of competent administration by a qualified examiner. The court also ruled that a civil contempt finding requires a specific, express court order directing the act to be performed, plus proof that the defendant had knowledge of the child's whereabouts and the ability to comply. Reversing the contempt order, the court found the evidence insufficient, as it rested on speculation and equivocal statements rather than proof that the father could produce the missing child.

Holdings

1. The polygraph evidence was inadmissible because the stipulation did not provide for its use in court and the examiner was not sufficiently qualified; furthermore, the reliability of polygraph tests has not been established to justify their admission in court.
2. The contempt proceeding was premature because no specific order had been entered directing defendant to deliver Alice, and the commitment order was not based on a violation of an express order.
3. The evidence was insufficient to establish that defendant had knowledge of Alice's whereabouts or the ability to produce her; speculation and inference cannot substitute for proof.

Questions Presented

1. Whether the trial court erred in admitting polygraph test results and testimony into evidence.
2. Whether the contempt proceeding was procedurally proper given the lack of a specific prior order directing delivery of the child.
3. Whether the evidence was sufficient to support a finding of civil contempt.

Disposition

reversed