NJSBA Family Law Section

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  • 1.  "The" case on appointing a Guardian Ad Litem

    Posted 03-29-2012 01:43 PM
    In order to churn a file, an adversary has filed a motion for the appointment of a Guardian Ad Litem. 

    I looked up the Rule - 5:8B (which required a trip to the Index since adversary did not so much as cite the Rule, nor any of the factors applicable, nor any cases or other authority.  The request for a GAL is in the Notice of Motion and then gets one sentence in final paragraph of certification, basically saying nothing more than "I want a GAL appointed."). 

    My usual starting point for researching something like this is the commentary, but it's extremely weak on when it's appropriate to appoint one (factors, analysis, etc).  I know the general law off the top of my head, but I haven't had much success in briefs when I cite "off the top of my head" as my authority. 

    Does anyone know of "THE" case on when appointing a GAL is appropriate?  Factors to be weighed?

    Thanks (and thanks for listening to the vent).

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222
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  • 2.  RE:"The" case on appointing a Guardian Ad Litem

    Posted 03-29-2012 02:57 PM

    David, Check out Julius v. Julius, 320 NJ Super 297 (AD '99).  Read Chambon v. Chambon, 238 NJS 225 also.  It is not specifically about the appointment of GAL but there is mention of it.
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    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    Phone (609) 465-9910
    Fax (609) 465-9920
    E-Mail [email protected]
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