Existing law in many states permits judges in certain private civil proceedings to interview children outside of open court to ascertain the child’s views. The law in most states, however, does not provide a comprehensive framework for conducting judicial interviews of children. The Uniform Judicial Interview of Children Act provides a procedural framework for interviewing children, but is not the source of authority for a judicial officer to conduct an interview. The uniform act balances two compelling, but sometimes competing, interests: 1) protecting a child when that child’s views are elicited by a judicial officer, and 2) protecting the due process rights of the parties. The Uniform Judicial Interview of Children Act can be enacted by statute or court rule. For information about enacting this uniform act, please contact Special Counsel Libby Snyder at (312) 450-6619 or lsnyder@uniformlaws.org.
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Uniform Law Commission The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.