NJSBA Family Law Section

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  • 1.  In Camera Interview -- Presence of Parties

    Posted 10-05-2021 04:58 PM
    Hi everyone, this is a case of first impression for me, but I'd figure I'd reach out to you knowledgeable lot to see if anyone's had this experience while I also do my own case research. An in-camera interview of a minor was requested and subsequently ordered by a Judge in my family matter. Now, I've had several in-camera interviews, but they all were in person (including during the pandemic). This judge is doing a virtual in-camera interview (which I do not mind) save for: he is allowing parties and counsel to be present with cameras off and mics muted. I've looked at 5:8-6 as to this and the statute is silent as to the presence of parties during the in-camera interview. But, I think this is extremely inappropriate given that the child is supposed to be made comfortable to speak to the judge freely and without the influence of either party. While I understand the parties will be muted, etc., but the child will still know they're in the zoom session. Anyone have this issue before? Any insight?

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    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave.
    Suite 202
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
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  • 2.  RE: In Camera Interview -- Presence of Parties

    Posted 10-05-2021 05:12 PM
    Your instincts are so sound. Build a record.

    Best.

    RAB




    Hon. Raymond A. Batten (Ret.)

    Archer & Greiner P.C.
    One Centennial Square
    Haddonfield, NJ 08033
    856-354-3068
    [email protected]
    www.archerlaw.com<http: www.archerlaw.com/="">

    [https://www.archerlaw.com/wp-content/uploads/2018/05/Archer_Logo_168x46.jpg]


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  • 3.  RE: In Camera Interview -- Presence of Parties

    Posted 10-05-2021 05:15 PM

    I agree, the parties should not be present. Too great a risk the child knows the parents are watching. The judge wouldn't allow the parties to sit in the other room listening through the door. Too great a risk the child will be confronted immediately with testimony by the other party.  The time to order the transcript and sign the protective order offers a formality and time-passage to protect the child.

    Tom

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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  • 4.  RE: In Camera Interview -- Presence of Parties

    Posted 10-05-2021 07:36 PM

    From where I sit the judge is certainly not going to be confident the child is speaking freely with the parents and the attorneys "in the room." Terrible position to put the child in. But maybe there is a reason that for this approach that is not apparent.

     

    Hon. Katherine Dupuis (Ret)
    Attorney | Of Counsel
    53 Cardinal Drive
    P.O. Box 2369
    Westfield, NJ 07091-2369
    (908) 233-6800 Ext. 2337
    [email protected]

    www.lindabury.com

     

     

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