Brown v. Eley

Appeals (1) from an order of the Family Court of Montgomery County (Córtese, J.), entered October 24, 2011, which, upon default, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody, and (2) from an order of said court, entered October 24, 2011, which denied respondent’s motion to vacate the prior order.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children, born in 2006 and 2008. Prior to 2011, the parties had joint legal custody and shared equal physical parenting time…