¶1concurring.
¶2I join in the majority opinion. However, I write separately for emphasis.
¶3The trial court’s initial custody order, awarding custody to the father, was the result of a hearing at which neither the mother nor the child were present. The court did not appoint a guardian ad litem to represent the interests of the child. The only evidence received by the court was presented by the father. Although the custody order was not technically denominated a default judgment, it was, in effect, a result reached by default, since the court heard only one side of the dispute.
¶4Even in suits involving competent adults, our jurisprudence disfavors default judgments, believing that justice is more likely to result from a full, fair adversarial proceeding. See, e.g., Estate of Teel v. Darby, 129 N.C. App. 604, 607, 500 S.E.2d 759, 762 (1998) (“[Provisions relating to the setting aside of default judgments should be liberally construed so as to give litigants an opportunity to have a case disposed of on the merits.”). In some instances, where parties sit on their rights, we allow dollars or widgets to go by default. However, our courts should go the extra mile to insure that custody of our children does not go by default. See Qurneh v. Colie, 122 N.C. App. 553, 559, 471 S.E.2d 433, 436 (1996) (“As a policy matter, issues such as custody should only be decided after careful consideration of all pertinent evidence in order to ensure the best interests of the child are protected.”).
¶5One way to protect the child’s welfare is for the trial judge, as an exercise of discretion, pursuant to N.C.R. Civ. P. 17(b), to appoint a guardian ad litem to insure that a child’s interests are adequately investigated and presented to the court. See, e.g., Van Every v. McGuire, 125 N.C. App. 578, 481 S.E.2d 377 (1997), aff'd, 348 N.C. 58, 497 S.E.2d 689 (1998) (approving trial court’s decision to appoint guardian ad litem to represent minor child during custody proceeding). In short, to the extent possible, child custody determinations *696should be based upon consideration of the best available evidence, and should not be based merely upon deemed admissions or one parent’s perspective.
¶6In addition, when exigencies of schedulely make ex parte proceeding unavoidable, our case law has given the trial judge an additional tool to protect the child’s welfare in subsequent hearings. For this Court has clearly stated that it is permissible for a trial court to find a substantial change in circumstances based on any facts pertinent to the custody issue that were not disclosed to the court at the original custody hearing. See Newsome, 42 N.C. App. at 425-26, 256 S.E.2d at 854-55. This is surely true in cases where the original judgment was a default judgment, or, in cases such as this, where the original judgment was based on evidence presented by only one parent.
¶7Regardless of the stage of the custody dispute, and taking into account necessary legal procedures, our ultimate concern is, and must be, the child’s best interest. Here, application of either the best interest of the child standard or the substantial change in circumstances standard would lead to the same conclusion. Accordingly, I vote with the majority that the child should be placed with the mother.
¶8dissenting.
¶9I respectfully dissent because I believe the trial court, in Judge Honeycutt’s 22 July 1999 order, applied a best interests test in determining the custody dispute. I, therefore, would reverse the order of the trial court.
¶10I
¶11As noted by the majority, a permanent child custody order can be modified only upon a showing of a substantial change in circumstances affecting the welfare of the child. Pulliam v. Smith, 348 N.C. 616, 619, 501 S.E.2d 898, 899 (1998). Because the 5 August 1996 custody order was a permanent order, West v. Marko, 130 N.C. App. 751, 756, 504 S.E.2d 571, 574 (1998), its modification could not occur upon application of a best interests of the child test.
¶12In this case, Judge Honeycutt concluded the 5 August 1996 order entered by Judge Klass was a temporary order and could be modified *697on the basis of redetermining the best interests of the child.
¶13II
¶14I note the majority “point[s] out for clarification” that in West I we held the 5 August judgment “was not predicated on the allegations deemed admitted by the entry of default.” Although this is dicta, it nonetheless constitutes a clear misreading of West I and I feel compelled to address the matter.
¶15This Court in West I held the 5 August 1996 order was “binding and enforceable,” even if entered as a default judgment and predicated on the entry of default. West, 130 N.C. App. at 755, 755 n.1, 504 S.E.2d at 573, 573 n.1. Thus, it does not follow, as the majority suggests, that the setting aside of an entry of default requires the striking of the default judgment. Indeed, West I clearly held contrary to the position of the majority, West, 130 N.C. App. at 754-55, 504 S.E.2d at 573 (“it does not follow” that the setting aside of the entry of default mandates setting aside the default judgment, as there are two different standards), and this panel is bound by that holding.
¶16. I acknowledge there is some language in Judge Honeycutt’s order noting “there has been a substantial change of circumstances.” This finding, however, read in context, does nothing more than indicate a disagreement with the facts found by Judge Klass. Judge Honeycutt was bound by the order entered by Judge Klass, including the findings of fact included in that order. Accordingly, it was not in the province of Judge Honeycutt to reject the findings of Judge Klass. Any inadequacy of Judge Klass’s findings were matters to be addressed on an appeal from Judge Klass’s order. In proper context, therefore, there are no findings in Judge Honeycutt’s order suggesting a change in the circumstances of the child between the time of Judge Klass’s order (whether or not reflected in that order) and the time of Judge Honeycutt’s order, the relevant inquiry. Even assuming such findings, there are no findings that such changes have had any affect on the welfare of the child. Browning v. Helff, 136 N.C. App. 420, 424-25, 524 S.E.2d 95, 98-99 (2000) (in order to modify child custody order, there must be a showing that change in circumstances affected the welfare of the child).