Legislation
SECTION 652
Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court
Family Court Act (FCT) CHAPTER 686, ARTICLE 6, PART 3
§ 652. Jurisdiction over applications to fix custody in matrimonial
actions on referral from supreme court. (a) When referred from the
supreme court to the family court, the family court has jurisdiction to
determine, with the same powers possessed by the supreme court,
applications to fix temporary or permanent custody and applications to
modify judgments and orders of custody or visitation in actions and
proceedings for marital separation, divorce, annulment of marriage and
dissolution of marriage. Applications to modify judgments and orders of
custody may be granted by the family court under this section only upon
the showing to the family court that there has been a subsequent change
of circumstances and that modification is required.
(b) In the event no such referral has been made and unless the supreme
court provides in the order or judgment awarding custody or visitation
in an action for divorce, separation or annulment, that it may be
enforced or modified only in the supreme court, the family court may:
(i) determine an application to enforce the order or judgment awarding
custody or visitation, or (ii) determine an application to modify the
order or judgment awarding custody or visitation upon a showing that
there has been a subsequent change of circumstances and modification is
required.
(c) In any determination of an application pursuant to this section,
the family court shall have jurisdiction to determine such applications,
in accordance with subdivision one of section two hundred forty of the
domestic relations law, with the same powers possessed by the supreme
court, and the family court's disposition of any such application is an
order of the family court appealable only under article eleven of this
act.
actions on referral from supreme court. (a) When referred from the
supreme court to the family court, the family court has jurisdiction to
determine, with the same powers possessed by the supreme court,
applications to fix temporary or permanent custody and applications to
modify judgments and orders of custody or visitation in actions and
proceedings for marital separation, divorce, annulment of marriage and
dissolution of marriage. Applications to modify judgments and orders of
custody may be granted by the family court under this section only upon
the showing to the family court that there has been a subsequent change
of circumstances and that modification is required.
(b) In the event no such referral has been made and unless the supreme
court provides in the order or judgment awarding custody or visitation
in an action for divorce, separation or annulment, that it may be
enforced or modified only in the supreme court, the family court may:
(i) determine an application to enforce the order or judgment awarding
custody or visitation, or (ii) determine an application to modify the
order or judgment awarding custody or visitation upon a showing that
there has been a subsequent change of circumstances and modification is
required.
(c) In any determination of an application pursuant to this section,
the family court shall have jurisdiction to determine such applications,
in accordance with subdivision one of section two hundred forty of the
domestic relations law, with the same powers possessed by the supreme
court, and the family court's disposition of any such application is an
order of the family court appealable only under article eleven of this
act.