NJDCR 27

(a) In each case in which mediation has been unsuccessful in resolving custody or parenting time issues, the mediator, the parties, and/or their counsel shall notify the court within ten (10) judicial days that mediation has been unsuccessful. If a trial or evidentiary matter is not already scheduled, then the parties and/or their counsel shall request that the Judicial Assistant schedule the matter pursuant to NJDCR 5.1. If appropriate, the parties and/or their counsel may request in writing a case management conference.

(b) In each case where mediation has been unsuccessful in resolving custody or parenting time issues, the case may be subject to a custody evaluation. The custody evaluation may occur by stipulation or by order of the court, including appointment of the appropriate individual to conduct such custody evaluation.

(c) Child custody evaluation.

(1) When it appears that a child custody evaluation is necessary, the parties are encouraged to stipulate to the retention of one expert to evaluate the parties and the children.

(2) Upon the request of either party or on its own initiative, the court may appoint a neutral expert if the parties cannot agree on their own.

(3) The treating therapist of any of the parties or children may not serve as the stipulated evaluator.