Rule 5:8B.Appointment of Guardian Ad Litem
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:8B
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.