Under Utah Code Section 30-3-11.4, a Utah judge may interview a child in chambers during a custody proceeding to learn the child’s preference and assess their relationship with each parent. The interview is confidential, conducted without the parents present, and the judge has discretion to determine whether the interview is appropriate based on the child’s age, maturity, and the issues in the case.
Last updated: July 2026
Key Takeaways
- Utah Code Section 30-3-11.4 authorizes the court to interview a child in chambers in custody and parent-time proceedings.
- The interview is confidential and not part of the public record.
- The judge has discretion to decide whether an in-chambers interview is appropriate based on the child’s age and maturity.
- The child’s statements during the interview are not subject to cross-examination by either parent.
- The court uses the interview to learn the child’s preference and assess the child’s relationship with each parent.
Utah law recognizes that children in custody cases have a perspective that the court should consider. The in-chambers interview provides a confidential setting where the child can speak candidly without the pressure of testifying in open court in front of their parents. The interview is one of several tools the court may use to understand the child’s needs, but it has significant limitations as an evidentiary method.
In-chambers interviews are not automatic. The judge decides whether to conduct an interview based on the circumstances of each case. Factors the judge considers include the child’s age, maturity, the nature of the contested issues, and whether other sources of information such as a custody evaluation or GAL report are available. The interview is most common when the child is old enough to articulate a reasoned preference and that preference is relevant to the custody determination.
What does Utah Code Section 30-3-11.4 say about child interviews?
Utah Code Section 30-3-11.4 provides that in any proceeding where custody or parent-time of a child is at issue, the court may interview the child in chambers to determine the child’s desires concerning custody or parent-time. The section also allows the court to interview the child to determine the child’s feelings and concerns about each parent. The interview is conducted outside the presence of the parents.
The statute requires the court to make a record of the interview, but the record is sealed and not available to the public. The court may disclose the content of the interview to the parties or their attorneys in whole or in part, but is not required to do so. The judge has broad discretion in how the interview is conducted and how the information gathered is used in the custody determination.
How does a judge decide whether to interview a child in chambers?
The judge considers several factors when deciding whether to conduct an in-chambers interview. The child’s age is a primary consideration. Children younger than six or seven are rarely interviewed because they may not have the cognitive ability to articulate their preferences or understand the context of the interview. Older children and teenagers are more likely to be interviewed, particularly when their preference may be relevant to the custody decision.
The judge also considers the nature of the issues in the case. If the case involves serious allegations of abuse or neglect, the judge may be more inclined to interview the child directly. If a custody evaluation or GAL report already provides detailed information about the child’s preferences and circumstances, the judge may find an interview unnecessary. The court also considers whether the child has been subjected to undue influence or pressure by either parent.
Utah Code Section 30-3-11.4 provides that the court shall make a record of the in-chambers interview and that the record shall be sealed and available only to the court on appeal.
Is the child’s in-chambers interview confidential?
Yes. The interview is conducted in the judge’s private chambers, not in the open courtroom. Only the judge, the child, and potentially a court reporter are present. The parents and their attorneys are excluded. The record of the interview is sealed and is not part of the public court file. The judge has discretion to disclose the content of the interview to the parties or their attorneys, but is not required to do so.
The confidentiality serves an important purpose. It allows the child to speak freely without fear of retribution from either parent. Children in custody cases often feel caught between their parents and may be reluctant to express their true feelings if they know their statements will be repeated. The confidential setting encourages candor and gives the court access to the child’s honest perspective.
What weight does the court give to the child’s preference from an in-chambers interview?
The weight the court gives to the child’s preference depends on the child’s age, maturity, and the reasoning behind the preference. There is no minimum age at which a child’s preference becomes binding on the court. A mature 14-year-old who articulates a well-reasoned preference may carry significant weight. A younger child’s preference or a preference that appears to be influenced by one parent may be given less weight.
The judge evaluates the child’s demeanor, reasoning, and consistency during the interview. The judge considers whether the child’s preference aligns with other evidence in the case, including custody evaluations, GAL reports, and testimony from other witnesses. The child’s preference is one factor among many in the best interest analysis, not a determinative factor. The court’s ultimate decision must be based on the totality of the evidence.
| Factor | How It Affects the Interview |
|---|---|
| Child’s age | Younger children less likely to be interviewed; teenagers more likely |
| Child’s maturity | Mature children who articulate reasoned preferences given more weight |
| Nature of allegations | Abuse or neglect allegations may increase likelihood of interview |
| Other evidence available | Custody evaluation or GAL report may reduce need for interview |
| Risk of parental influence | Court considers whether child has been coached or pressured |
| Child’s willingness | Child who does not wish to be interviewed will generally not be compelled |
Can a parent challenge what the child says in an in-chambers interview?
The child’s statements during an in-chambers interview are not subject to cross-examination. This is one of the primary limitations of the interview as an evidentiary tool. Neither parent has the opportunity to challenge the accuracy or reliability of the child’s statements through cross-examination. The judge must evaluate the child’s credibility based on the interview alone.
If the judge discloses the content of the interview to the parties, a parent may present evidence that contradicts or provides context for the child’s statements. For example, if the child tells the judge that one parent does not help with homework, that parent may present evidence of their involvement in the child’s education. The court considers all evidence together, not just the child’s statements from the interview.
How should I prepare my child for a possible in-chambers interview?
If the court orders an in-chambers interview, you should explain to your child that the judge wants to talk with them privately to understand how they are doing. Tell your child to be honest and to tell the judge what they really think and feel. Do not coach your child about what to say or rehearse answers. Coaching can be detected by the judge and can damage your credibility and your child’s credibility.
Reassure your child that they are not in trouble and that the judge is a fair person who wants to help. Let your child know that whatever they tell the judge is confidential and will not be shared with the parents if the child does not want it shared. Most importantly, do not interrogate your child about what happened in the interview afterward. Respect the child’s privacy and the judge’s request for confidentiality.
Frequently Asked Questions
At what age can a child be interviewed by a judge in Utah?
There is no minimum age. The judge decides based on the child’s individual maturity and ability to articulate their thoughts. Children under 6 or 7 are rarely interviewed.
Can I be present when the judge interviews my child?
No. The interview is conducted in the judge’s chambers without the parents or their attorneys present. Only the judge, the child, and a court reporter may be present.
Will the judge tell me what my child said?
The judge may disclose the content of the interview in whole or in part, but is not required to do so. The record is sealed and confidential.
Can my child refuse to be interviewed by the judge?
A child who does not wish to be interviewed will generally not be compelled. The judge will assess the child’s willingness and may decide not to conduct the interview.
Does the child’s preference control the custody decision?
No. The child’s preference is one factor among many. The judge decides custody based on the totality of the evidence and the best interest factors under Section 30-3-10.
What if I think the judge’s interview was biased or unfair?
Your attorney may object to the manner in which the interview was conducted and raise the issue on appeal. The record of the interview is available for appellate review.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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