Rule 117.Statement of a Child

Part I. General Administration · Last amended January 1, 2025 · Last verified September 4, 2026

In one sentenceRule 117 lets the court interview a child in camera and otherwise bars a child from testifying or being subpoenaed without a prior court order.

Full Text of Rule 117

Text sizeJump to: (a) (b) (c)

(a) Court Interview of a Child. On motion of any party, or its own motion, the court may, in its discretion, conduct an in-camera interview with a minor child who is the subject of a custody, parenting time, or domestic violence civil protection order dispute, to ascertain any relevant information, including the child’s wishes as to the child’s custodian and as to parenting time. The interview may be conducted at any stage of the proceeding and will be recorded by a court reporter or any electronic medium. The record of the interview may be sealed, in whole or in part, on a showing of good cause and after considering the best interests of the child. The parties may stipulate that the record of the interview will not be provided to the parties.

(b) Statement of a Child. Unless a minor child is represented by a child advocate as set forth in Rule 118, and except in emergency situations, no minor child will provide sworn testimony, either written or oral; be brought to court as a witness or to attend a hearing; or be subpoenaed to appear at a hearing without prior court order on a showing of good cause.

(c) Testimony of a Child. A motion by one of the parties to offer the testimony of a minor child will be in writing, filed with the court, and served on all parties not less than 28 days prior to the hearing or trial, unless good cause is shown. The court must rule upon such a motion no later than 7 days prior to the hearing or trial in the matter. On reasonable notice under the circumstances, the court may, on its own motion, compel the testimony of a minor child.

End

Rule History

(Adopted December 17, 2024, effective January 1, 2025.)

Plain-English Summary

Rule 117 is one of the newest rules in the set — adopted December 17, 2024, effective January 1, 2025 — and it starts from a presumption against putting children on the stand.

The in-camera interview

On a party's motion or its own, the court may in its discretion conduct an in-camera interview with a minor child who is the subject of a custody, parenting time, or domestic violence civil protection order dispute, to learn any relevant information including the child's wishes as to custodian and parenting time.

It may happen at any stage and will be recorded by a court reporter or electronic medium. The record may be sealed, in whole or in part, on a showing of good cause and after considering the child's best interests — and the parties may stipulate that the record will not be provided to them at all.

The default: no child testimony

Unless the child is represented by a child advocate under Rule 118, and except in emergencies, no minor child will give sworn testimony written or oral, be brought to court as a witness or to attend a hearing, or be subpoenaed — without a prior court order on a showing of good cause. The bar reaches attendance, not merely testimony.

Asking anyway

A motion to offer a child's testimony must be in writing, filed, and served not less than 28 days before the hearing or trial absent good cause — and the court must rule no later than 7 days before it. Parties learn the answer with time to adjust rather than at the courtroom door.

On reasonable notice under the circumstances, the court may also on its own motion compel the testimony of a minor child.

Frequently Asked Questions

Will my child have to testify in our custody case?

Ordinarily not. Rule 117(b) provides that unless the child is represented by a child advocate under Rule 118, and except in emergencies, no minor child will provide sworn testimony, be brought to court as a witness or to attend a hearing, or be subpoenaed without a prior court order on a showing of good cause.

Can the judge talk to my child privately?

Yes. Rule 117(a) allows the court, on motion or its own, to conduct an in-camera interview with a minor child who is the subject of a custody, parenting time, or domestic violence civil protection order dispute.

Do the parents get to see what the child said?

The interview is recorded, and Rule 117(a) allows the record to be sealed in whole or in part on a showing of good cause and after considering the child's best interests. The parties may also stipulate that the record will not be provided to them.

How far in advance must I ask to call my child as a witness?

Rule 117(c) requires the motion in writing, filed and served not less than 28 days before the hearing or trial unless good cause is shown, and requires the court to rule no later than 7 days before it.

Can the court call a child on its own?

Yes. Rule 117(c) allows the court, on reasonable notice under the circumstances, to compel the testimony of a minor child on its own motion.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: child testimonyin camera interviewjudge interviewing childchild's wisheschild as witness28 daystalking to the judge