Rule 5:8-3.Investigation After Award

Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:8-3 lets the court order the same investigation after a custody award has been made, either on its own motion or when a party applies to modify the award.

Full Text of Rule 5:8-3

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The court may on its own motion when it deems it necessary or where an application is made by either party to modify the award or terms thereof, in its discretion require the investigation provided for in R. 5:8-1. The court may continue such application for the purpose of such investigation and report.

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(c). Adopted December 20, 1983, to be effective December 31, 1983.

Plain-English Summary

The investigation available before an award is available after one too. The court may require it on its own motion when it deems it necessary, or where either party applies to modify the award or its terms.

The scope is the same as the pre-award investigation, and the court may continue the application while the investigation and report are completed — so a modification motion can pause rather than be decided on incomplete information.

Frequently Asked Questions

Can the court order a new custody investigation after the divorce?

Yes. On its own motion where it deems it necessary, or where either party applies to modify the award or its terms, the court may in its discretion require the investigation provided for in Rule 5:8-1.

Does a modification motion wait for the report?

It can. The court may continue the application for the purpose of the investigation and report.

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. 5:8-3). 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: modify custodypost-judgment custody investigationchange of custody