Bowman v. Bowman

Order unanimously reversed, without costs of this appeal to either party, and matter remitted to Special Term for further proceedings in accordance with the memorandum. Memorandum: The custodial provisions of the annulment decree were changed without any common-law proofs being taken. The custody of children should not be determined on the basis of recriminatory and controverted affidavits, but the court should make such a determination only after *858a full and plenary hearing and inquiry. (15 N. Y. Jur., Domestic Relations, § 357, p. 561; Fernandez v. Fernandez, 282 App. Div. 1043; Matter of…