Referral by supreme court of applications to fix custody in action for divorce, separation or annulment

§ 467. Referral by supreme court of applications to fix custody in action for divorce, separation or annulment. (a) In an action for divorce, separation or annulment, the supreme court may refer to the family court the determination of applications to fix temporary or permanent custody or visitation, applications to enforce judgments and orders of custody or visitation, and applications to modify judgments and orders of custody which modification may be granted only upon a 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.