(a) A court shall not conduct an in camera interview of an infant in any action or proceeding to fix temporary or permanent custody or to modify judgments and orders of custody concerning marital separation, divorce, annulment of marriage and dissolution of marriage unless a stenographic record of such interview is made.
R 4019.Recording in camera interviews of infants
Article 40. Trial Generally · Last amended 1985 · Last verified July 21, 2026
In one sentenceCPLR 4019 bars a court from privately interviewing a child in a custody case or a related modification proceeding unless a court reporter records the interview, and requires that record be sealed and sent up on any appeal.
Full Text of CPLR 4019
(b) If an appeal is taken to the appellate division from a judgment or order of the court on any such action or proceeding, the stenographic record of any such interview shall be made a part of the record and forwarded under seal to the appellate division.
Plain-English Summary
CPLR 4019(a) bars a court from conducting an in camera interview of a child in any action or proceeding to fix temporary or permanent custody, or to modify a judgment or order of custody tied to a marital separation, divorce, annulment, or dissolution, unless a stenographic record of that interview is made.
CPLR 4019(b) covers what happens if the case is appealed: the stenographic record of the interview becomes part of the appellate record but is forwarded to the Appellate Division under seal.
The rule balances two things: a child's ability to speak candidly to a judge in private, and an appellate court's need for a record to review what was said. Sealing the transcript keeps it out of public view, and typically away from the parties themselves, while still preserving it for appellate review.
Frequently Asked Questions
Can a judge talk to a child privately in a New York custody case?
Yes, through an in camera interview, but CPLR 4019(a) requires that a stenographic record of the interview be made.
Does an in camera interview with a child have to be recorded in New York?
Yes. CPLR 4019(a) bars the court from conducting the interview at all unless a court reporter makes a stenographic record of it.
What happens to the recording of a child's in camera interview on appeal?
Under CPLR 4019(b), the stenographic record becomes part of the record on appeal and is forwarded to the Appellate Division under seal.
Is the transcript of a child's in camera interview public in New York?
No. CPLR 4019(b) requires the record to be forwarded to the Appellate Division under seal rather than disclosed publicly.
Does CPLR 4019 apply to modification of an existing custody order?
Yes. It covers proceedings to modify judgments and orders of custody connected to marital separation, divorce, annulment, or dissolution, not just initial custody determinations.
Amendment History
Add, L 1985, ch 785, § 1, eff Aug 1, 1985.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: in camera interview child custody New Yorkjudge interview with child custody case NYsealed transcript child custody appeal New Yorkstenographic record custody interview New Yorkrecording required for child interview custody NYprivate interview with child in custody case