Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:8B provides for appointment of a guardian ad litem to represent the child's best interests to the court, sets out the duties the role may include, and fixes how the guardian is chosen, how long the term runs and how the fee is set.
(a)Appointment. In all cases in which custody or parenting time/visitation is an issue, a guardian ad litem may be appointed by court order to represent the best interests of the child or children if the circumstances warrant such an appointment. The services rendered by a guardian ad litem shall be to the court on behalf of the child. A guardian ad litem may be appointed by the court on its own motion or on application of either or both of the parents. The guardian ad litem shall file a written report with the court setting forth findings and recommendations and the basis thereof, and shall be available to testify and shall be subject to cross-examination thereon. In addition to the preparation of a written report and the obligation to testify and be crossexamined thereon, the duties of a guardian may include, but need not be limited to, the following: 1. Interviewing the children and parties. 2. Interviewing other persons possessing relevant information. 3. Obtaining relevant documentary evidence. 4. Conferring with counsel for the parties. 5. Conferring with the court, on notice to counsel. 6. Obtaining the assistance of independent experts, on leave of court. 7. Obtaining the assistance of a lawyer for the child (Rule 5:8A) on leave of court. 8. Such other matters as the guardian ad litem may request, on leave of court.
(b)Objection or Refusal of Appointment. A proposed guardian ad litem shall have the right to consent or to decline to serve as such, notice of such decision to be in writing to the court with copies to counsel. The parties shall have the right to object to the person appointed as guardian ad litem on good cause shown.
(c)Term. The term of the guardian ad litem shall be coextensive with the application pending before the court and shall end on the entry of a judgment of divorce, dissolution of a civil union or termination of a domestic partnership or an order terminating the application for which the appointment was made, unless continued by the court. The guardian ad litem shall have no obligation to file a notice of appeal from a judgment or order nor to participate in an appeal filed by a party.
(d)Fee. The hourly rate to be charged by the guardian ad litem shall be fixed in the initial appointing order and the guardian ad litem shall submit informational monthly statements to the parties. The court shall have the power and discretion to fix a retainer in the appointing order and to allocate final payment of the guardian ad litem fee between the parties. The guardian ad litem shall submit a certification of services at the conclusion of the matter, on notice to the parties, who will thereafter be afforded the right to respond prior to the court fixing the final fee.
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: Adopted November 6, 1989, to be effective January 2, 1990; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended July 21, 2001 to be effective September 1, 2011.
Plain-English Summary
A guardian ad litem may be appointed in any case where custody or parenting time is at issue, if the circumstances warrant it — on the court's own motion or on application of either or both parents. The orientation of the role is in one sentence: the services are rendered to the court, on behalf of the child.
The work product is a written report setting out findings, recommendations and their basis, and the guardian must be available to testify and be cross-examined on it. Beyond that, the rule lists duties the role may include: interviewing the children and the parties, interviewing other people with relevant information, obtaining documentary evidence, conferring with counsel, conferring with the court on notice to counsel, obtaining independent experts on leave of court, obtaining a lawyer for the child on leave of court, and any other matters the guardian requests on leave.
The appointment is a two-way choice. A proposed guardian may consent or decline in writing to the court with copies to counsel, and the parties may object to the person appointed on good cause shown. The term runs with the application and ends on the judgment of divorce, dissolution or termination, or on an order ending the application for which the appointment was made, unless the court continues it — and the guardian has no obligation to appeal or to take part in a party's appeal. The hourly rate is fixed in the appointing order, monthly statements go to the parties, and the final fee is set after a certification of services on which the parties may be heard.
Frequently Asked Questions
What does a guardian ad litem do in a custody case?
Represents the child's best interests, rendering services to the court on the child's behalf. The guardian files a written report with findings, recommendations and their basis, and must be available to testify and be cross-examined.
Can I object to the guardian ad litem the court picks?
Yes, on good cause shown. The proposed guardian may also decline the appointment, in writing to the court with copies to counsel.
How long does the appointment last?
It is coextensive with the application pending before the court and ends on entry of a judgment of divorce, dissolution of a civil union or termination of a domestic partnership, or an order terminating the application for which the appointment was made, unless continued by the court.
How is the guardian ad litem's fee set?
The hourly rate is fixed in the initial appointing order, and the guardian sends informational monthly statements. The court may fix a retainer and allocate final payment between the parties, and the final fee is set on a certification of services after the parties have had the chance to respond.
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. 5:8B). 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:guardian ad litemGALbest interests of the childGAL feesGAL report