Alberts v. Alberts

Order unanimously modified on the law and as modified affirmed with costs to defendant, and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Absent a showing of extraordinary circumstances, it was error for Supreme Court to make a temporary custody determination in an ex parte order to show cause. A custody determination, which may drastically affect a child’s welfare, ordinarily should not be based solely on an ex parte application. When defendant’s attorney appeared to object, the court compounded the error by permitting the children,…