RULE 8.13 IN CHAMBERS INTERVIEW OF CHILD IN DOMESTIC RELATIONS CASE
(a) Parents' Consent. If the parents consent, the district court may conduct an in chambers interview of a child in a proceeding to determine primary residential responsibility or parenting time. A parent is considered to have consented to an in chambers interview if the parent is voluntarily absent from the proceeding. The parents may not be present during the in chambers interview.
(b) Presence of Counsel. The district court may allow counsel to be present during the in chambers interview and may allow counsel to ask or submit questions. If the district court decides to conduct an in chambers interview without counsel present, the reason for counsel's exclusion must be stated on the record.
(c) Recording. Unless the parents agree otherwise, the interview must be recorded.
(d) Access to Interview Record. If a parent appeals a primary residential responsibility or parenting time decision, and the district court has held an in chambers interview with the child or children, the parent may obtain a transcript of the in chambers interview. If no appeal is taken, the district court may deny the parents access to the record of the in chambers interview.
Rule 8.13was adopted, effective ______________.
This rule is designed to establish a procedure for in chambers interviews in domestic relations cases that balances parental due process rights with a child's right to be heard.
Sources: Joint Procedure Committee Minutes of January 27-28, 2011, pages____; September 23-24, 2010, pages 27-32.
Considered: N.D.C.C. § 14-09-06.2.