Pursuant to Rule 5:8B, “[i]n 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.” (Emphasis added.)

Despite this language and the dedication of an entire Rule to the appointment of a GAL, it is infrequently requested by counsel or the court. Unfortunately, in those instances when a GAL is appointed, the role of the GAL is often not clearly defined and exceeds the authority afforded by Rule 5:8B. Moreover, some courts improperly utilize Rule 5:8B as a means to make a “call” on custody. To be sure, in most cases, the court notes its role as “parens patriae” and that its role “cannot be delegated”—only to be followed by the wholesale acceptance of the GAL’s recommendations (sometimes without a hearing).

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