The Legal Intelligencer: New High Court Rule and Court Case on Child Interview at Custody Trial
In an article published in The Legal Intelligencer on April 11, 2022, family law attorney Michael Bertin discusses the evolution of Rule 1915.11, the rule governing the interview of the child in child custody cases.
The new version of Rule 1915.11 retains the requirement that the interview must be on the record. If the court decides to interview the child off the record, it is reversible error. The interview of the child may occur in chambers or in open court. That decision is up to the judge.
In the article, Michael analyzed the recent case of E.C.S. v. M.C.S., 256 A.3d 449 (Pa. Super. 2021). The case addressed the issue of whether it was reversible error for a trial court to deny a request to interview a child in a child custody case.
It is important that the bench and the bar be well versed in the recent developments pertaining to the interview of a child in child custody proceedings, specifically the revisions to Rule 1915.11 as the same may have an impact on the child custody case.
