Section 467. Referral by supreme court of applications to fix custody in action for divorce, separation or annulment  


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  • (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.