Section 652. Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court  


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  • (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.