Law Lessons from DEBORAH BELL V. HARVEY BELL, App. Div., A-0308-06T3, August 10, 2009:

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There is a distinct difference between the duties of a guardian ad litem and an attorney appointed to represent the interests of the children. Rules 5:8A and 5:8B are designed to eliminate confusion between the role of a court-appointed attorney for the children and a court-appointed guardian ad litem. Pressler, Current N.J. Court Rules, comment 1 on R. 5:8A, 5:8B and 5:8C (2009).

A court-appointed counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, while a guardian ad litem acts as an independent factfinder, investigator and evaluator as to the best interests of the children. In re M.R., 135 N.J. 155, 173 (1994).

Specialized expertise in reunification of fractured families is not required of a guardian ad litem. See, e.g., P.T. v. M.S., 325 N.J. Super. 193, 209 (App. Div. 1999) (appointing an attorney the new guardian ad litem).

However, the same person cannot serve as the guardian ad litem for the children and a court-appointed mediator. Isacson v. Isacson, 348 N.J. Super. 560, 565 (App. Div.), certif. denied, 174 N.J. 364 (2002). See also Fawzy v. Fawzy, ___ N.J. ___, ___ (2009) (slip op. at 38) (guardian ad litem cannot serve as arbitrator of child custody and parenting time issues).

See my related Blog Post: A judge may appoint a guardian ad litem in a dispute between parties regarding custody and parenting time

See related Blog Post, published in the NJ Family Legal Blog

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