Section 9.28 Interview of a Child

• Library: Family Law Deskbook and 2014 Supp

IX. (§9.28) Interview of a Child

Under § 452.385, RSMo 2000, the court may interview the child in chambers to ascertain the child’s custodial wishes. “The court shall permit counsel to be present at the interview and to participate therein. The court shall cause a record of the interview to be made and to be made part of the record in the case.” Id. Even an agreement by all parties to waive the record is not sufficient, and it is reversible error if no record is made. Allen v. Lowry, 887 S.W.2d 813 (Mo. App. E.D. 1994).

If the judge conducts an unrecorded interview and the case is later remanded, the judge, under what is now Rule 2.03, Canon 3E, must recuse himself or herself from further proceedings in the case. In re Marriage of...