Utah House approves bill allowing judges to interview children in custody cases with parental consent

The Utah House on Thursday passed House Bill 5 as amended, allowing judges to interview children privately in custody and visitation disputes when the parties give prior consent.

Representative Afton Bradshaw, sponsor of the bill, told the House the change authorizes judges to "inquire of the children and take into consideration the children's desires" and allows such interviews "in camera with the consent of the parties." Bradshaw said the language was developed with the court administrator and the Family Law section and intended to give judges discretion to hear a child's preferences without compounding family trauma.

During floor questions, members sought clarity on what "consent of the parties" means and whether a child's own wishes are required. Bradshaw said "legally, the parties means the parents," and added that "if a child does not want to be interviewed, they can't be forced to be interviewed." He warned, however, that prior notice can invite coaching by attorneys or parents.

Representative Swallow offered an amendment to broaden the language and tighten consent requirements: insert "or visitation" after "custody," add the word "only" after "camera," and require "prior consent" of the parties. Swallow described the changes as technical clarifications to ensure the bill covered visitation and to emphasize that consent must be obtained in advance.

The House approved the amendment by voice vote; later the bill passed on final disposition with a recorded vote of 71 yes and 1 no. The Speaker announced House Bill 5 as amended will be referred to the Senate for further action.

Supporters said the bill would help judges better assess a child's expressed wishes in sensitive custody disputes; opponents raised concerns about parental objections and the potential for coaching if notice is given in advance. The measure now moves to the upper chamber for consideration.