In response to requests from parties in court proceedings involving child custody issues, the Standing Committee on Children and Family Affairs of the Tennessee House of Representatives held hearings concerning the appointment of guardians ad litem in such proceedings. As a result of these hearings, the Committee referred the issue of guardian ad litem appointment to the Tennessee Supreme Court for further study and for consideration of a rule governing such appointments. With the able assistance of judges and practitioners experienced in court proceedings involving child custody issues, the Court has considered the issue referred by the Committee. Rule 40A represents the culmination of the Court’s study.
Accordingly, it is hereby ORDERED that the rule set forth in attached Exhibit A be and hereby is adopted as Rule 40A of the Rules of the Supreme Court of Tennessee.
It is further ORDERED that Rule 40A is a provisional rule that shall govern all custody proceedings, as defined in Section 1(a), from May 1, 2009 through April 30, 2010. At an appropriate time during this one-year period, the Court may solicit comments regarding the operation, effect, and efficacy of this rule and, if warranted, will circulate revisions of this rule for review and comment and eventual adoption.