JUDGES INTERVIEWING CHILDREN IN CUSTODY/VISITATION LITIGATION

It is important for judges to appreciate that when they interview children in their chambers they are doing so under significantly compromised circumstances. An appreciation of these compromises can help the judge place in proper perspective the information so gained. The court's primary question in custody/visitation litigation is this: Who would be a better parent for this child to live with, the mother or the father? This question is not likely to be answered reasonably unless data is collected from all three parties referred to in the question. Furthermore, the data-collection process will also be compromised if the parties are seen only alone and not interviewed in various combinations. Restricting oneself to interviewing only the child alone compromises the data collection process significantly because it deprives the evaluator of obtaining data in joint interviews, which are often the most valuable part of the data collection process. Family interviews also enable the interviewer to "smoke out " fabrications in a situation in which children traditionally say to each parent what they think that parent wants to hear at the moment. In custody/visitation evaluations, observing the parent-child relationship is the best source of information for ascertaining parental superiority. The present structure of courtroom proceedings generally precludes the court's conducting such parent-child and family interviews