Colo. Rev. Stat. § 14-10-126

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 14-10-126 - Interviews
(1)(as amended by Laws 2024, ch. 131, § 18) The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel or a licensed legal paraprofessional to be present at the interview. The court shall cause a record of the interview to be made, and the interview must be made part of the record in the case.
(1)(as amended by Laws 2024, ch. 344, § 4) Upon a motion, the court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made, and it must be made part of the record in the case. The court shall make findings in its order that explain the reason why the court granted or denied a request to interview the child in chambers.
(2)(as amended by Laws 2024, ch. 131, § 18) The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given must be in writing and made available by the court to counsel of record or licensed legal paraprofessional of record, parties, and other expert witnesses upon request, but the advice must otherwise be considered confidential, be sealed, and not be open to inspection, except by consent of the court. Counsel or a licensed legal paraprofessional may call for cross-examination any professional personnel consulted by the court.
(2)(as amended by Laws 2024, ch. 344, § 4) The court shall give paramount consideration to cases involving an allegation made by a child regarding domestic violence, child abuse or neglect, or child sexual abuse in determining whether to grant a request to interview a child in chambers.
(3) The court may seek the advice of professional personnel whether or not they are employed on a regular basis by the court. The advice given must be in writing and must be made available by the court to counsel of record, parties, and other expert witnesses upon request, but it must otherwise be confidential and must be sealed and not be open to inspection, except by consent of the court. Counsel may call for cross-examination of any professional personnel consulted by the court.

C.R.S. § 14-10-126

Amended by 2024 Ch. 344,§ 4, eff. 8/7/2024.
Amended by 2024 Ch. 131,§ 18, eff. 8/7/2024.
L. 71: R&RE, p. 530, § 1. C.R.S. 1963: § 46-1-26. L. 98: (1) amended, p. 1384, § 12, effective 2/1/1999.
2024 Ch. 344, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).