20-2-6802 Herega v. Figueroa, App. Div. (per curiam) (22 pp.) Defendant appeals an order denying her application seeking physical custody of the parties’ children, appointment of a psychologist to perform a best-interest evaluation, and counsel fees. The panel reverses and remands for a plenary hearing, finding that (1) where the parties presented conflicting certifications and evidence regarding the status of the children’s physical and mental welfare since entry of the previous order denying a change in custody, a genuine issue of material fact exists and a plenary hearing is warranted; and (2) the judge abused his discretion in denying the request for appointment of a psychologist for a best interest evaluation without any explanation. The panel finds no evidence of bias against defendant and her attorney.
