Understanding “In Camera” Interviews of Children in Illinois
The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.5(c)(1), mandates that in determining a child's best interests for allocating significant decision-making responsibilities, the court must consider all relevant factors, including the child's wishes. The child's maturity and ability to express reasoned and independent preferences are crucial in this assessment. 750 ILCS 5/602.7(b)(2) specifies that in determining the child's best interests for allocating parenting time, the court must again consider all relevant factors, including the child's preferences, provided the child can express mature and independent views. There is no minimum age requirement to consider a child's input, so the judge assesses each child's maturity and ability to provide reasoned preferences.
There are various ways in which the Judge may receive information regarding the minor child’s preferences to assist them in weighing in on parenting time and the allocation of parental responsibilities. Most commonly, through a Guardian ad Litem (GAL) or a Child Representative. Appointed to advocate for the child's best interests, the GAL serves as a witness for the court, investigating and gathering facts to report back to the judge. Child Representatives, on the other hand, are attorneys specifically appointed to represent the child's interests and can participate in the litigation process. This ensures that the child's voice is heard in a manner that protects their well-being and limits their involvement in the court proceedings as much as possible.
In Illinois, 750 ILCS 5/604.10(a) provides a specific mechanism for children to share their perspectives on parental responsibilities and parenting time directly with a judge through a process known as an “in camera interview” of the minor child. This phrase "in camera," means the discussion occurs in the judge's chambers rather than in an open courtroom and ensures a private and less intimidating environment for the child. The relevant statutes outline the procedures and considerations involved in these sensitive interviews.
The statute requires that counsel be present during the interview unless all parties agree otherwise. The interview must be recorded by a court reporter, filed under seal, and released only by court order. The resulting report must include:
A description of the evaluation
A report of data collected
All test results
Conclusions regarding the allocation of parental responsibilities
An explanation of any limitations in the evaluation or reservations of the professional
Prior to an in camera interview being conducted, it will be extremely likely that a Guardian ad Litem and/or Child Representative has already been involved in the court proceedings. The Judge will want to hear from the Guardian ad Litem/Child Representative regarding whether they support an in camera interview being conducted and whether the minor child has expressed a desire to speak directly with the judge. If the Guardian ad Litem/Child Representative does not support the in camera interview, it is less likely to be ordered to occur.
Conducting the "In Camera" Interview
When a child arrives at court, they wait in a designated children's waiting room, separate from their parents. Once ready, the child is escorted to the judge's chambers using private routes to ensure comfort and privacy. The atmosphere in chambers is deliberately informal, often with the judge not wearing a robe, to help the child feel at ease.
During the interview, the judge explains that while the child's input is valuable, the final decision regarding parenting time and decision-making responsibilities will be based on all available evidence and not solely on the child's wishes. This clarification is crucial to manage the child's expectations and to underscore the comprehensive nature of the judge's decision-making process. The interview may cover various topics, with the judge having discretion over the questions. The goal is to gather relevant background information to help determine if the child can make an informed decision.
Pros and Cons of “In Camera” Interviews
Family law professionals generally tend to discourage such a direct involvement of a child in the process of a contested proceedings because of the stress and any potential negative impact to the child. Despite the private setting, children may still feel burdened by having to express preferences about parenting time and decision making arrangements as it can feel as though they are being put in the middle.
However, these interviews give children an opportunity to express their preferences and concerns directly to the judge in a confidential setting. This allows the child's voice to be part of the process, and some children truly want to be engaged in this process. By conducting the interview privately in the judge's chambers, it removes the pressure of having to testify in open court or in front of parents. This can make children feel more comfortable sharing their honest thoughts. Additionally, judges can gain a better understanding of the child and family dynamics through a direct conversation, rather than only relying on secondhand reports.
In weighing these factors, courts must balance the value of hearing directly from children against the potential impact on the children themselves. The appropriateness of in-camera interviews often depends on the specific circumstances of each case, however, they are generally used as a last resort and are rare.
In camera interviews provide an avenue for children to express their views in parentage or divorce cases without the pressure of a courtroom setting. By prioritizing the child's comfort and ensuring their input is considered within the broader context of their best interests, Illinois law provides avenues to make the custody determination process as fair and child friendly as possible. The Law Office of Erin M. Wilson LLC is experienced in handling such delicate matters and can provide the necessary support and guidance throughout this process. Contact The Law Office of Erin Wilson LLC for a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.