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Chapter 19

Form 19-8

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Judge to Confer with Child

This Motion for Judge to Confer with Child is brought by [name of movant], [party des­ignation], who shows in support:

1.The issue of [conservatorship of/possession of/access to/who shall have the exclu­sive right to determine the primary residence of/[describe other issue]] the child[ren] in this case is contested. The child[ren] [is/are] [specify age[s]].

2.For the purpose of determining the best interest of the child[ren], [name of movant] requests the Court to confer with the child[ren], in chambers, to determine [the/each] child’s wishes as to [conservatorship/possession/access/who shall have the exclusive right to determine the child’s primary residence/[describe other issue]]. [Name of movant] requests the Court to [permit counsel for both parties [include if applicable: and the [attorney ad litem/amicus attorney/guardian ad litem] for the child[ren]] to be present at the interview/interview the child[ren] without the presence of counsel].

Include the following if applicable.

3.[Name of movant] requests that the Court cause a record of the interview with the child[ren], [name[s] of child[ren]], be made and that the record of the interview be made a part of the record in this case.

Include the following if applicable.

4.[Name of movant] requests that the Court seal the record of the interview with the child[ren], [name[s] of child[ren]], and make such orders as deemed necessary to prevent dis­closure of the interview to [[name[s] of parent[s]]/the parties and their counsel]. [Include if applicable: [Name of movant] has no objection to any order allowing disclosure of the sealed interview to [name of amicus attorney/name of attorney ad litem for the child/name of guardian ad litem for the child/name of child custody evaluator] provided that such individual is enjoined from disclosing the contents of the record of the interview to [[name[s] of parent[s]]/the parties and their counsel].

5.In the event of an original proceeding or appeal addressing orders regarding con­servatorship and possession of and access to the child[ren], [name[s] of child[ren]], [name of movant] requests the Court to direct the clerk to forward a sealed copy of the interview record to the court of appeals if requested by a party.

Continue with the following.

[Name of movant] prays that the Court grant the Motion for Judge to Confer with Child.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

For certificate of service, see form 21-11.