In re K.R. and J.R.

Summary

The Supreme Court of Appeals of West Virginia affirmed an order denying a father’s motion to terminate maternal grandparents’ visitation with his children. The court held that the circuit court properly exercised its discretion in conducting an in camera interview of one child without counsel present and that termination of visitation was not required because the grandparents had not materially violated the visitation order. The court also concluded that continued visitation remained in the children’s best interests.

Holdings

1. The circuit court properly exercised its discretion to exclude the parties' attorneys because it sufficiently found that their presence would be intimidating to the child.
2. The circuit court did not err in allowing the child to be interviewed because the record showed that the child wished to speak with the court and the court considered the child's best interests against the necessity of the testimony.
3. The circuit court properly refused to terminate the grandparents' visitation because the grandparents had not materially violated the visitation order and continued visitation remained in the children's best interests.

Questions Presented

1. Whether the circuit court improperly conducted an in camera interview of one child outside the presence of the parties' attorneys under Rule 8 of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings.
2. Whether the circuit court erred by permitting the guardian ad litem to participate in the child's in camera interview and by considering the child's testimony.
3. Whether the circuit court erred in refusing to terminate the maternal grandparents' visitation under West Virginia Code §§ 48-10-1001 and 48-10-1002.

Disposition

affirmed