Rule 5:8-1.Investigation Before Award

Last amended September 1, 2004 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:8-1 sends genuine custody and parenting time disputes to mediation first, caps that mediation at two months, and only then allows the court to order a Family Division investigation of the parties and their homes.

Full Text of Rule 5:8-1

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In family actions in which the court finds that either the custody of children or parenting time issues, or both, are a genuine and substantial issue, the court shall refer the case to mediation in accordance with the provisions of R. 1:40-5. During the mediation process, the parties shall not be required to participate in custody evaluations with any expert. The parties may, however, agree to do so. The mediation process shall last no longer than two months from the date it commences or is ordered to commence, whichever is sooner. As set forth in R. 5:8-6, the court, on good cause shown, may extend the time period. The date for conclusion of mediation shall be set forth in any Case Management Order(s). If the mediation is not successful in resolving custody issues, the court may before final judgment or order require an investigation to be made by the Family Division of the character and fitness of the parties, the economic condition of the family, the financial ability of the party to pay alimony or support or both, and the parties' homes, which shall be limited to a factual description of the home where the child will reside or visit, appropriate child safety precautions in the home, number of household members and their relationship to the child, and criminal record checks for both parties. Any recommendations as to character and fitness of the parties must be made by mental health professionals qualified by licensure, experience, and training. In other family actions the court may, if the public interest so requires, order such an investigation. The court may continue any family action for the purpose of such investigation, but shall not withhold the granting of any temporary relief by way of alimony, support or pendente lite orders pertaining to parenting issues under R. 5:5-4 and R. 5:7-2 where the circumstances require. Such investigation of the parties shall be conducted by the Family Division, which shall file its report with the court no later than 45 days after its receipt of the judgment or order requiring the investigation, unless the court otherwise provides. If one of the parties lives outside the county of venue but still within New Jersey, then the Family Division in the county of residence shall conduct the investigation of that party and forward the report to the Family Division in the county of venue within the time frame set forth above.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R.(1969) 4:79-8(a). Adopted December 20, 1983, to be effective December 31, 1983; amended November 7, 1988 to be effective January 2, 1989; amended July 14, 1992, to be effective September 1, 1992; amended September 17, 2001 to be effective immediately; amended July 12, 2002 to be effective September 3, 2002; amended July 28, 2004 to be effective September 1, 2004.

Plain-English Summary

Mediation comes before investigation. Where the court finds custody or parenting time is a genuine and substantial issue, it refers the case to mediation, and while that runs no one can be forced into a custody evaluation with an expert — though the parties may agree to one. The mediation period lasts no longer than two months from when it starts or is ordered to start, whichever is sooner, extendable for good cause, with the end date recorded in the case management order.

If mediation does not resolve custody, the court may order an investigation before judgment. Its scope is defined: the character and fitness of the parties, the family's economic condition, the ability to pay alimony or support, and the parties' homes. The home portion is expressly limited to a factual description of where the child will live or visit, child safety precautions, the number of household members and their relationship to the child, and criminal record checks on both parties — a factual survey, not an assessment. Any recommendation about character and fitness must come from a mental health professional qualified by licensure, experience and training.

An investigation cannot be used to starve a family in the meantime. The court may continue the action for the investigation, but may not withhold temporary alimony, support or pendente lite parenting orders where the circumstances require them. The Family Division files its report no later than 45 days after receiving the order, and where a party lives in another New Jersey county, that county's Family Division investigates and forwards its report within the same time.

Frequently Asked Questions

Is custody mediation mandatory in New Jersey?

Where the court finds that custody or parenting time is a genuine and substantial issue, it refers the case to mediation under R. 1:40-5.

How long does custody mediation last?

No longer than two months from the date it commences or is ordered to commence, whichever is sooner. The court may extend that on good cause shown.

Do I have to see a custody expert during mediation?

No. During the mediation process the parties are not required to participate in custody evaluations with any expert, though they may agree to do so.

How long does the Family Division investigation take?

The report must be filed no later than 45 days after the Division receives the judgment or order requiring the investigation, unless the court provides otherwise.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:8-1). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: custody investigationcustody mediationbest interests investigationhome studycharacter and fitness