Julie A. Couch (now Riggs) v. David Michael Couch

Summary

The Supreme Court of Kentucky held that when a trial court relies on a child's in camera interview in deciding custody, the interview must be recorded and disclosed to the parties so they have an opportunity to rebut the statements and use the evidence on appeal. The court reversed the Court of Appeals and ordered that the taped interviews be unsealed, remanding for further consideration of the custody appeal.

Holdings

1. Although a trial court has discretion to conduct an in camera interview of a child outside the presence of the parties and counsel, it must make a record of the interview and disclose its contents to the parties when the interview is used or relied upon in deciding custody.
2. The appellant was substantially prejudiced because she could not rebut the child's statements before the trial court or use the evidence in pursuing the appeal; the interviews therefore had to be unsealed.

Questions Presented

1. Whether a trial court may conduct an in camera interview of a child in a custody proceeding without the parties or counsel present and seal the interview from the parties.
2. Whether parties must be given access to the recorded contents of a child's in camera interview when the trial court relies on the interview in deciding custody.

Disposition

reversed_and_remanded