NCJ Number
156359
Journal
Maryland Bar Journal Volume: 27 Issue: 6 Dated: (November-December 1994) Pages: 44-46
Date Published
1994
Length
3 pages
Annotation
Judicial interviews of children in child custody litigation are permitted, but they are complex matters that require a thorough understanding of the impact of a judicial interview of a child and the limits of such interviews.
Abstract
Maryland law specifies that the judge or chancellor may interview a child in a custody case out of the presence of the parties, in the discretion of the court, without the consent of the parties, and with or without the presence of counsel. In addition, a court reporter must record the interview unless waived by parties, and the contents shall immediately be made known to counsel and the parties. However, appropriate interviewer techniques have not been defined. The first consideration should be whether the child is mature enough to express a desire and whether the subjective reasoning for such choices is sound and rational. Interviewers must understand how children conceptualize time and that children are generally self-centered, perceiving themselves as perpetually dependent and in need of parental care. Children also differ from their adults in their perception of their power position; some children will falsify information. The judge should speak informally, explain the presence of the court reporter, and question in the form of a conversation. Judges should use great caution in the interview process and make allowances for the unique expressions and perceptions of a child.