Rule 5:8-6.Trial of Custody Issue

Last amended September 3, 2002 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:8-6 requires a custody hearing within six months of the last responsive pleading, allows custody to be tried ahead of the rest of the case, and sets out how a judge may interview a child in camera.

Full Text of Rule 5:8-6

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Where the court finds that the custody of children is a genuine and substantial issue, the court shall set a hearing date no later than six months after the last responsive pleading. The court may, in order to protect the best interests of the children, conduct the custody hearing in a family action prior to a final hearing of the entire family action. As part of the custody hearing, the court may on its own motion or at the request of a litigant conduct an in camera interview with the child(ren). In the absence of good cause, the decision to conduct an interview shall be made before trial. If the court elects not to conduct an interview, it shall place its reasons on the record. If the court elects to conduct an interview, it shall afford counsel the opportunity to submit questions for the court's use during the interview and shall place on the record its reasons for not asking any question thus submitted. A stenographic or recorded record shall be made of each interview in its entirety. Transcripts thereof shall be provided to counsel and the parties upon request and payment for the cost. However, neither parent shall discuss nor reveal the contents of the interview with the children or third parties without permission of the court. Counsel shall have the right to provide the transcript or its contents to any expert retained on the issue of custody. Any judgment or order pursuant to this hearing shall be treated as a final judgment or order for custody.

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(f). Adopted December 20, 1983, to be effective December 31, 1983; amended July 14, 1992 to be effective September 1, 1992; amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

Custody disputes are put on a clock. Where the court finds custody is a genuine and substantial issue, it sets a hearing date no later than six months after the last responsive pleading. To protect the children's best interests, it may hear custody before the final hearing on the rest of the family action, and any judgment from that hearing is treated as a final custody judgment.

The in camera interview is governed carefully, because a judge speaking privately with a child sits uneasily beside the usual right to hear the evidence. The court may interview the child on its own motion or a litigant's request, and absent good cause must decide whether to do so before trial. If it declines, it places its reasons on the record. If it proceeds, counsel may submit questions, and the court must state on the record its reasons for not asking any question submitted.

A stenographic or recorded record is made of each interview in its entirety, and transcripts go to counsel and the parties on request and payment. What the parties may do with it is limited: neither parent may discuss or reveal the contents with the children or third parties without the court's permission, though counsel may give the transcript to any expert retained on custody.

Frequently Asked Questions

How soon is a custody trial held in New Jersey?

The court sets a hearing date no later than six months after the last responsive pleading, where it finds custody is a genuine and substantial issue.

Will the judge talk to my child?

The court may conduct an in camera interview with the child on its own motion or at a litigant's request. Absent good cause the decision is made before trial, and if the court declines it must place its reasons on the record.

Is the child's interview recorded?

Yes. A stenographic or recorded record is made of each interview in its entirety, and transcripts are provided to counsel and the parties on request and payment of the cost.

Can I tell my child what was said in the interview?

No. Neither parent may discuss or reveal the contents of the interview with the children or third parties without the permission of the court.

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. 5:8-6). 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 trialin camera interviewjudge interview childchild's preference custodycustody hearing deadline