Abstract:
When parties divorce and cannot agree on issues of custody, care and control, the court may sometimes interview the child, to get her perspective on the family situation, as well as her views on her preferred post-divorce arrangements. It is not necessary or appropriate, however, for the court to interview the child in all cases. A judicial interview could be intimidating for the child, or make the child feel that she is under pressure to choose between her parents. The child may also not be intellectually or emotionally mature enough to make the interview meaningful. This article examines relevant legislation and recent case law on judicial interviews, and discusses the factors to be considered when deciding when it would be useful and appropriate to conduct a judicial interview.