Rule 12.Court Interviews of Children
Part I. General Administration · Last amended January 1, 2022 · Last verified September 4, 2026
Full Text of Rule 12
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
Editors' Notes
COMMENT TO 2015 AMENDMENT
Generally, the court should not conduct an in camera interview of a child under this rule unless it finds that the child is of sufficient age and intellectual capacity to reason and form an intelligent preference as to legal decision-making and parenting time. The court is strongly encouraged to utilize other resources, where available and appropriate, to ascertain that preference. In particular, a court should proceed with caution when interviewing a child in any case in which a party has alleged “domestic violence” as defined in Ariz. Rev. Stat. §§ 13-3601(A) and 25-403.03(D), or “abuse” as defined in Ariz. Rev. Stat. § 8-201.
Plain-English Summary
Rule 12 is how a judge hears from a child directly, and almost all of it is protective.
When, and who counts as the court
On a party's motion or its own, the court may conduct an in camera interview with a minor child who is the subject of a legal decision-making or parenting time dispute, to ascertain the child's preferences as to both.
"Court" is defined broadly for this rule: it includes any Conciliation Services department, agency, or other third-party professional the assigned judge orders to conduct a child interview under A.R.S. § 25-405 or these rules. It excludes court-appointed advisors under Rule 10.1 and experts hired by the parties — so their interviews are not Rule 12 interviews.
The record
Unless the parties stipulate otherwise on the record or in writing, the interview must be recorded — by a certified reporter or a retrievable and perceivable electronic medium. And one thing cannot be stipulated away: any interview conducted by a judicial officer must be recorded.
For good cause and after considering the child's best interests, the court may seal all or part of the record from the public. The parties may stipulate not to receive a record; if a party requests one, the court must make it available not later than 14 days before the hearing at which the interview will be considered, absent good cause for a different deadline.
How the interview is conducted
The court must take special care to protect the child from embarrassment, must not repeat questions unnecessarily, and must state questions in a form appropriate to the child's age and intellectual capacity.
Five disclosures must be made to the child in an age-appropriate manner: how the court will decide; the limits on confidentiality; that what the child says may be on the record; that it will be given to the parties unless they have stipulated otherwise; and that whatever the child says will be considered but will not alone be determinative.
The preference
The closing subsection is precisely worded: in listening to and inviting the child's input, the court must allow, but may not require, the child to state a preference. A child who does not want to choose between parents cannot be made to.
The Editors' Note adds guidance the rule text does not: the court generally should not interview a child unless it finds the child is of sufficient age and intellectual capacity to reason and form an intelligent preference, is strongly encouraged to use other resources where available, and should proceed with caution where a party has alleged domestic violence or abuse.
Frequently Asked Questions
Does the judge have to record an interview with my child?
Unless the parties stipulate otherwise on the record or in writing, yes — and Rule 12(c)(1) provides that any interview conducted by a judicial officer must be recorded regardless.
Can I get a copy of the interview?
Rule 12(c)(3) requires the court, on a party's request, to make the record available to the parties not later than 14 days before the hearing at which the court will consider the interview, unless the court finds good cause for a different deadline. The parties may stipulate that the court not provide a record.
Will my child be asked to choose a parent?
Rule 12(d)(3) provides that the court must allow, but may not require, the child to state a preference regarding legal decision-making and parenting time.
What must the court tell the child?
Rule 12(d)(2) requires the court to inform the child, in an age-appropriate manner, about the process by which the court will decide; about the limitations on confidentiality; that information may be on the record; that it will be provided to the parties unless they have stipulated otherwise; and that whatever the child says will be considered but will not alone be determinative.
Does this rule cover an interview by a custody evaluator?
No. Rule 12(b) defines 'court' to include a Conciliation Services department, agency or other third-party professional ordered by the assigned judge to conduct a child interview, but expressly excludes court-appointed advisors under Rule 10.1 and experts hired by the parties.